ABSTRACT

The rule of law consists first and foremost in the development of constraints on the exercise of arbitrary power by one individual over others. Interactions between individuals, including and especially interactions between the more and the less powerful, must take place within the requirements of general rules laid down beforehand and accessible to all. A so-called rule which names particular individuals – such as one that says that John Smith is to be apprehended and executed – is not a general rule but a decree by a person on whose say so alone John Smith is to be done in. The rule of law bans such exercises of arbitrary power whether by private individuals or by state officials. In this sense, the rule of law is to be contrasted with the rule of men (or women). Individuals can only be apprehended by state officials or private citizens if they are reasonably suspected of violating a properly constituted law and must then be brought before a court and charged with the crime in accordance with fair procedures.