ABSTRACT

This chapter establishes a rule of law specific to the Security Council drawing on primary sources of the United Nations (UN) itself, such as declarations, resolutions and statements. It shows the rule of law has evolved to become not only a concept related to what rules should be included, but also now how these rules are created, enforced and maintained. Despite the almost sacred importance and the quasi-religious connotations of the rule of law, the concept has been 'widely embraced at domestic and international levels without precision as to what the term means'. In a domestic rule of law setting, clearly enumerated laws are promulgated by the legislature to be uniformly enforced upon all citizens, irrespective of power or status. The principles identified by Bingham in The Rule of Law were no doubt derived from intensive study of different constitutions; they are enshrined widely across nations as being at the core of the rule of law at the domestic level.