The rule of law provides that the law is supreme over the acts of both government and private persons. There is, in short, one law for all.
So long as courts are accessible, independent and their orders are enforced, political rights and civil liberties are sustained. When the courts are inaccessible or constrained by the government and majoritarian forces, political rights and civil liberties decline.
The law must be accessible and so far as possible intelligible, clear and predictable.
ubi jus, ibi remedium: where there is a right, there must be a remedy.
The ‘rule of law’ … refers to a principle of governance in which all persons, institutions and entities, public and private … are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.
The rule of law vouchsafes to the citizens and residents of the country a stable, predictable and ordered society in which to conduct their affairs. It provides a shield for individuals from arbitrary state action.
Rule of Law Speaker Series with Innocence Canada’s James Lockyer