Rule Of Thumb.
Friends and readers. The supremacy or rule of law has been since the middle ages a principle of the constitution. It means that the exercise of powers of Government shall be conditioned by law and that the subject shall not be exposed to the arbitrary will of his ruler.
There is much truth in the contention that ”principles of the constitution” are only ”political principles”. The rule of law had a different interpretation under weak Lancastrian monarchs than under the Tudors. It has been said that ”unconstitutional” may mean merely ”contrary to tradition,” but ”the principles of 1689 have become part of the accepted theory of democracy” and ”in the political sphere there is much in the Whig philosophy with which any democrat will agree, and which is, therefore, an accepted and, one might almost say, permanent part of the constitution”.
But the rule of law is a concept of greater antiquity, although admittedly it had to be reconciled with the doctrine of parliamentary supremacy in the course of the seventeenth-century contest
This dear friends is the basis of the rule of law as we know it today. Made by the ruling elite to protect the interests of the ruling elite. It is said we are all equal under the law, afraid though some are more equal that others. It is equally true and to be noted Britain has no and has never had any kind of written consitution, an indication possibly that our friends in the ruling class could move the goalposts whenever they saw fit or the mood took them.
Indiscriminate use of the law to supress any kind of cival unrest or moves to destabilise our structures have been very visible when Governments have used riot police or troops to quell action by the population angered by abuse of what they seen as their human rights. The quote of”’ the enemy within” as used by the Tory Government during the miners dispute justified police action unseen before in modern times. Where was the rule of law there, what happened to the rights of those who had their jobs and futures snatched from them all for adoration at the alter of market forces. Yes we may all be equal under the law but whose law are we talking about.
October 16th, 2009 at 3:04 am
I read a few topics. I respect your work and added blog to favorites.
October 17th, 2009 at 9:33 am
Thanks for that.
February 22nd, 2010 at 7:02 am
Thanks for posting this, lifted my day.
March 12th, 2010 at 4:06 pm
Thanks for posting this article. I’m definitely frustrated with struggling to search out relevant and brilliant commentary on this subject. Everybody now goes to the very far extremes to either drive home their viewpoint that either: everyone else in the planet is wrong, or two that everyone but them does not really understand the situation. Many thanks for your succinct, applicable insight.