Role of Rule of Law in Substantive Law

The rule of law not only applies to the legal system as a whole, but also to the substantive laws themselves. In the context of substantive law, the rule of law requires that laws be clear, consistent, and predictable, and that they are applied consistently to all individuals and situations.

Firstly, the rule of law requires that laws are clear and precise. Laws should be drafted in a way that is easily understood by the public, so that individuals can understand what behaviour is prohibited and what actions are required of them. Clear laws help to ensure that individuals are aware of their legal obligations and that they can comply with them. Additionally, clear laws help to prevent arbitrary and inconsistent enforcement of the law.

Secondly, the rule of law requires that laws are consistent and predictable. Laws should be applied in a consistent manner, so that similar cases are treated similarly, regardless of the individuals involved. This helps to ensure that individuals are treated fairly and that the legal system is impartial. Predictable laws also allow individuals to plan their lives and businesses according to the legal requirements, without fear of unexpected or arbitrary changes in the law.

Thirdly, the rule of law requires that laws are applied equally to all individuals and situations. Laws should not discriminate on the basis of race, gender, religion, or any other personal characteristic. The law should treat all individuals equally, regardless of their social status, wealth or power. This helps to prevent abuses of power and ensures that the legal system serves the common good.

Finally, the rule of law requires that laws are subject to review and change as necessary. The law should be able to adapt to changing circumstances and should be reviewed periodically to ensure that it remains relevant and effective. The law should also be subject to judicial review, to ensure that it complies with the constitution and that it is consistent with other laws and legal principles.

In conclusion, the rule of law is an essential principle that applies not only to the legal system as a whole, but also to substantive laws themselves. The rule of law requires that laws are clear, consistent, and predictable, and that they are applied equally to all individuals and situations. Upholding the rule of law in the context of substantive law is essential for ensuring that laws are fair, impartial, and effective in serving the common good.
Back to blog

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Yale University
Council of Europe
Baker Mckenzie 
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.