The former Supreme Court
judge, Lord Bingham of Cornhill has set out
8 principles which he saw as
being the key ingredients of the Rule of
Law. These were:
The law must be
accessible, intelligible, clear and
Questions of legal
right and liability should ordinarily be
resolved by the exercise of the law and
not the exercise of discretion.
Laws should apply
equally to all.
Ministers and public
officials must exercise the powers
conferred in good faith, fairly, for the
purposes for which they were conferred –
reasonably and without exceeding the
limits of such powers.
The law must afford
adequate protection of fundamental Human
The state must provide
a way of resolving disputes which the
parties cannot themselves resolve.
procedures provided by the state should
The rule of law
requires compliance by the state with
its obligations in international as well
as national laws.