Another principle that restrains power and creates greater
security for the public is the rule of law. This is the idea that
we should be governed by known laws, not the arbitrary
decisions of government officials – what the American
statesman John Adams (1785–1836) called ‘a government of laws, and not of men’.
Classical liberals insist that the law should apply equally
to everyone, regardless of gender, race, religion, language,
family or any other irrelevant characteristics. It should
apply to government officers just as much as to ordinary
people; nobody should be ‘above the law’.
To maintain the rule of law requires a system of justice,
with independent courts that cannot be manipulated by
individuals or governments. There need to be basic judicial
principles such as habeas corpus, trial by jury and due process to prevent those in power using the law in their own
interests.
The rule of law has another happy consequence – it
makes life far more predictable, because it enables us to
anticipate how people (including officials) will – and will
not – behave. So we can make long-term plans without fear
of having them shattered by the caprice of others.
--Eamonn Butler, Classical Liberalism: A Primer (London: Institute of Economic Affairs, 2015), 8-9.
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