ABSTRACT
It is assumed to be fundamental to the nature of the wel fare state that the social services offered to the citizen of such a state are theirs 'as of right'. What is meant by this is not always clear but it certainly covers the idea that the citizen who falls into certain objectively definable categories, such as those of old age, sickness or unemployment, has a legal entitlement to statutory benefits. It also indicates that those who receive such benefits are not to be regarded as inferior persons who, because of their financial or other dependence on the state, may be subjected to the arbitrary control of offi cials; that is, in a welfare state there should be no status of 'dependent' removing the recipient of state-aid from the position of an ordinary citizen, except in so far as this is necessary for the protection of other citizens (as in the case of some mentally subnormal people and some delinquents). It is one important strand of welfare state ideology that the recipients of welfare services are not in any way excluded from the basic status of citizen with all the rights that pertain thereto. (1)
One fundamental right of the citizen of a liberal demo cracy is the right not to be treated arbitrarily. By this is meant that government action in relation to him should be governed by properly enacted laws administered according to the principles of Natural Justice. This constitutional ideal of the 'Rule of Law' involves a var iety of interconnected principles: that where a person's interests are affected by government action this should be only in consequence of legislation (that is the enactment of rules which specify the benefits and/or burdens which are to fall on specified classes of persons); that these laws should be impartially administered (so that the bene fits and burdens do fall on all members of that class and only on members of that class of persons); and that any
disputes regarding the legality or fairness of executive action as this affects the citizen is settled by a judi cial procedure in which the disputants are given a hearing by an impartial judge (that is one who is not in any way a party to the dispute) in which the disputants have the benefits of representation and access to relevant informa tion, and have to answer only clearly formulated and spe cific charges or claims of which they have had reasonable notice; and that, in hearing the evidence, only consider ations relevant to the disputed facts or laws in question should be admitted. More generally the rule of law has been defined as 'a restriction on how the authorities may reach a decision and what they may authorise ... in order that their decisions shall not be justly liable to unfav ourable criticism' (Lucas, 1966, p. 107). (2)
The state's relationship to the citizen may always be viewed and assessed in the light of these legal norms. The rule of law requires that the citizen be treated in accordance with public, general and constitutionally legi timate laws which enable him to know his rights and duties, and, when these are in doubt or it is in dispute whether or not he has infringed his duties or has been denied his rights, he has access to a judicial procedure which is designed to give his case an open, fair and im partial hearing which results in an enforceable decision.
