Sunset clauses and substantive rule of law
The substantive conception of the rule of law refers to the content of the law and depends on its compatibility with human rights and/or a theory of justice. 1 Craig points out that:
certain substantive rights are said to be based on, or derived from, the rule of law. The concept is used as the foundation for these rights, which are then used to distinguish between ‘good’ laws, which comply with such rights, and ‘bad’ laws, which do not. 2
The interaction of such laws, good or bad, with sunset clauses takes place when good or bad laws are subject to a sunset clause, or alternatively, when a new law subject to a sunset clause overrides a good law or a bad law.