ABSTRACT
The meaning of the rule of law has been the subject of considerable debate. It is often described, even by some judges, as a particularly slippery and elusive concept. This chapter hopes to persuade you that this is not necessarily so. Each writer has their own particular take on the rule of law but, without unduly simplifying the approaches, we can place them into three categories. First, the legality principle states that Governments must act in accordance with the law. Second, the formal school adds the notion that laws should have certain characteristics (e.g. clarity) regardless of their content. Third, the substantive school argues that the rule of law additionally requires that the content of laws is consistent with human rights and human dignity.
