The Rule of Law

What is The Rule of Law by Tom Bingham about?

• Core exploration: The book examines the meaning, significance, and application of the rule of law in Britain and other liberal democracies.
• Historical and modern context: It traces the development of the rule of law from historical milestones like Magna Carta to contemporary issues such as terrorism and parliamentary sovereignty.
• Accessible for all: Written by a former senior judge, it is intended for the general public, not just legal professionals, aiming to clarify a widely used but often misunderstood concept.

Why should I read The Rule of Law by Tom Bingham?

• Clear explanation of a complex idea: Bingham demystifies the rule of law, making it understandable for readers without a legal background.
• Authoritative perspective: As a former senior judge, Bingham offers unique insights into how the rule of law operates in practice and why it matters.
• Relevance to current events: The book addresses pressing issues like civil liberties, terrorism, and the balance of power, making it essential for understanding modern governance.

What are the key takeaways from The Rule of Law by Tom Bingham?

• Eight core principles: Bingham outlines principles such as legal clarity, equality before the law, fair trial rights, and the protection of fundamental human rights.
• Law as a safeguard: The rule of law is presented as a bulwark against tyranny and arbitrary power, ensuring that everyone, including the government, is subject to the law.
• Contemporary challenges: The book highlights how the rule of law is tested by issues like terrorism, executive overreach, and international conflicts.

What are the main principles of the rule of law according to Tom Bingham?

• Accessibility and clarity: Laws must be clear, accessible, and predictable so people can understand their rights and obligations.
• Equality before the law: Everyone, including public authorities, is subject to the law without discrimination.
• Fair trial and due process: Individuals are entitled to a fair hearing by an independent and impartial tribunal, with the right to know and challenge the case against them.

How does Tom Bingham define the core of the rule of law in The Rule of Law?

• Binding on all: All persons and authorities, public or private, are bound by and entitled to the benefit of laws that are publicly made and administered in courts.
• Not absolute, but essential: While not without exceptions, this principle is fundamental to preventing tyranny and ensuring justice.
• Philosophical roots: Bingham’s definition draws on thinkers like Dicey and Locke, emphasizing that law, not arbitrary power, must govern society.

How does The Rule of Law by Tom Bingham address the relationship between the rule of law and parliamentary sovereignty in the UK?

• Potential for conflict: Bingham highlights the tension between Parliament’s ability to make any law and the rule of law’s demand for legal limits and rights protection.
• Judicial limitations: Courts must uphold clear statutes, even if they infringe on rights, reflecting the supremacy of Parliament.
• Need for balance: The book suggests that this imbalance can cause constitutional uncertainty and calls for a reconsideration of the relationship for better governance.

What historical milestones does Tom Bingham highlight as crucial to the development of the rule of law?

• Magna Carta 1215: Established that even the King is subject to the law and introduced principles like lawful judgment and justice without delay.
• Habeas corpus: Developed as a safeguard against unlawful detention, ensuring no one can be held without lawful cause.
• Bill of Rights 1689 and Act of Settlement 1701: Cemented parliamentary authority and judicial independence, foundational to modern constitutional law.

How does The Rule of Law by Tom Bingham connect the rule of law to human rights?

• Human rights as integral: Bingham advocates for a “thick” definition of the rule of law that includes the protection of fundamental human rights.
• International consensus: He references the Universal Declaration of Human Rights and the European Convention on Human Rights as linking human rights with the rule of law.
• Legal protection: The book reviews key rights—such as the right to life, liberty, fair trial, and freedom of expression—and stresses their legal protection.

What challenges to the rule of law does Tom Bingham discuss in the context of terrorism and security?

• Erosion of civil liberties: Anti-terrorism measures have led to detention without trial, secret evidence, and restrictions on fair hearings.
• Expansion of executive power: The book critiques the use of indefinite detention and surveillance, often justified by national security but raising legal and human rights concerns.
• International implications: Practices like extraordinary rendition and military tribunals are examined as threats to the global rule of law.

How does Tom Bingham describe the role of courts and judicial review in upholding the rule of law?

• Guardians of legality: Judges ensure that laws are applied fairly and that executive power is exercised within legal limits.
• Judicial review: Courts review the lawfulness of administrative actions, ensuring public authorities act within their powers and comply with legal standards.
• Independence and impartiality: Judicial independence is crucial to prevent executive overreach and maintain public confidence in the rule of law.

What does Tom Bingham say about the rule of law in the international legal order?

• Complementary to national law: International law shares principles like accountability, fairness, and legal certainty with domestic law.
• Necessity of compliance: States comply with international law out of self-interest, habit, and necessity, especially for cross-border issues.
• Limitations and challenges: The lack of compulsory jurisdiction for the International Court of Justice and states’ willingness to bypass international law undermine the rule of law globally.

What are the best quotes from The Rule of Law by Tom Bingham and what do they mean?

• On fairness: “The fundamental principle of justice that the judge should not look at material that the parties before him have not seen” emphasizes transparency in legal proceedings.
• On security and liberty: Quoting Benjamin Franklin, “he who would put security before liberty deserves neither,” highlights the delicate balance between public safety and individual freedoms.
• On government power: The Council of Europe is cited: “For a State to react in such a way would be to fall into the trap set by terrorism for democracy and the rule of law,” warning against overreach in counter-terrorism measures.