Tuesday, October 19, 2004

The essential difference between rule of law and rule by law

“There is an essential difference between rule of law and rule by law. Countries with no real claim to democracy may have rule by law. One person - or a select group of people - may make the law according to their whim. They may do so arbitrarily, or without announcing the laws beforehand, meting out sanctions when people fail to obey. Rule of law is different. Rule of law means that all exercise of power - whether by the Prime Minister and executive, the elected members of Parliament, or by the most minor functionary - must be authorized by and fall within the bounds prescribed by the law.”

The Right Honourable Beverley McLachlin

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