Lord Bingham and Rule of Law

Lord Bingham, a highly respected jurist and former Senior Law Lord of the United Kingdom, made significant contributions to the understanding and articulation of the rule of law. His influential work, particularly his book The Rule of Law, outlines eight key principles that he argued are essential to the rule of law. These principles provide a comprehensive framework for understanding how the rule of law operates within a democratic society and why it is crucial for justice and governance.

1. Accessibility of the Law
Lord Bingham emphasised that the law must be accessible and, so far as possible, intelligible, clear, and predictable. Citizens should be able to understand the laws that govern them and predict the legal consequences of their actions. This principle ensures that individuals and businesses can plan their affairs with confidence and that the law is not arbitrarily applied.

2. Law Not Discretion
The principle that questions of legal right and liability should ordinarily be resolved by the application of the law and not the exercise of discretion is fundamental. This ensures that the law is applied consistently and fairly, rather than being subject to the whims of individual officials. It helps protect individuals from arbitrary and biased decision-making.

3. Equality Before the Law
Lord Bingham highlighted the importance of equality before the law, stating that laws should apply equally to all individuals, regardless of status or background. This principle ensures that no one is above the law and that everyone has equal protection and obligations under the law. It promotes fairness and prevents discrimination.

4. Exercise of Power
He asserted that public officials, including ministers and government authorities, must exercise their powers within the legal limits. This principle of legality means that those in power must act according to the law and cannot exceed or abuse their authority. It acts as a safeguard against tyranny and ensures accountability.

5. Human Rights
Lord Bingham believed that the law must adequately protect fundamental human rights. The rule of law should ensure that individuals' basic freedoms and rights are safeguarded and respected by the state. This includes rights such as freedom of speech, the right to a fair trial, and protection from torture and inhumane treatment.

6. Dispute Resolution
The means of resolving disputes should be provided by the state and should be fair and accessible. Lord Bingham emphasised that individuals must have access to justice through proper legal mechanisms. This includes the availability of courts, fair procedures, and the ability to seek redress for grievances. Effective dispute resolution mechanisms are essential for maintaining trust in the legal system.

7. Fair Trial
Lord Bingham's principle of a fair trial underscores the necessity that judicial proceedings should be fair and that the judiciary should be independent. This ensures that individuals are given a fair opportunity to present their case and that decisions are made impartially. Judicial independence is critical for maintaining the integrity and impartiality of the legal system.

8. Compliance with International Law
Finally, Lord Bingham argued that the state must comply with its obligations in international law as well as in national law. This principle recognises that states are part of a global community and must adhere to international standards and treaties. Compliance with international law promotes global justice and cooperation.

Lord Bingham's articulation of these principles has had a profound impact on the legal community and beyond. His work provides a clear and comprehensive understanding of the rule of law, emphasising its importance in ensuring justice, protecting rights, and maintaining a stable and fair society. His principles have been widely cited and continue to influence legal thought and practice.