Determining Rule of Law Standards
Each statement of a fundamental rule of law principle presuppose that there should be a set of practical actions undertaken in order to satisfy that principle.
For instance, the principle that law should be known: Like all principles, this presupposes than there be a method by which information of the law can be obtained and/or that there is a method to make the law known. As in the development of all Rule of Law Standards, a survey of methods currently used to obtain the law or make it known was undertaken, those methods found to be in practice were evaluated against the basic requirements of reason, rationality and logicality, audits of practice in relation to that method were carried out, and their efficacy in achieving the objective of making law available and/or known in compliance with the fundamental rule of law principle was established.
The Set of Rule of Law Standards
The particular subset of fundamental principles of the rule of law that have been utilised in the development of the Rule of Law Standard were drawn from the work of such as Bingham, Dicey, Raz, and even back to the Magna Carta and Aristotle, in whose writings the whole subset of such fundamental principles can probably be found.
The particular subset of fundamental rule of law principles that ended up being utilised to develop the Rule of Law Standard comprises those that are most widely acknowledged and referred to, and for which reasonable, rational and logical methodology to satisfy those principles was easily discernible.
Please contact LegalB for further information about the set of Standards and the fundamental rule of law principles upon which they were built.