Krygier, Martin; Winchester, Adam --- "Arbitrary power and the ideal of the rule of law" [2018] ELECD 604; in May, Christopher; Winchester, Adam (eds), "Handbook on the Rule of Law" (Edward Elgar Publishing, 2018) 75

Book Title: Handbook on the Rule of Law

Editor(s): May, Christopher; Winchester, Adam

Publisher: Edward Elgar Publishing

ISBN: 9781786432438

Section: Chapter 5

Section Title: Arbitrary power and the ideal of the rule of law

Author(s): Krygier, Martin; Winchester, Adam

Number of pages: 21

Abstract/Description:

This chapter examines arbitrary power as the primary motivation to create an ideal or norm that takes the character of the rule of law. Whilst power itself can be a force for creating all manner of social good it is the perversion and abuse of power in an arbitrary manner that for centuries Western societies have, at least, endeavoured to mitigate. The most successful attempts have seen arbitrary power, in its various forms, tempered by legislative, parliamentary, and legal institutions in a manner which we generally perceive today to represent the rule of law. This chapter therefore queries whether the rule of law, in its contemporaneous contested and ambiguous forms, delivers on those ideals which led us to the rule of law in the first place and whether we can move beyond its current limitations to something that more keenly addresses those original ideals.