All the elements of the rule of law described in Chapter 2 should be enshrined in the constitution. The Supreme Court’s perversion of the United States Constitution’s due process clause to expand its power in precise opposition to the rule of law demonstrates the failure of unparticularised clauses. The lesson is clear: future constitutional attempts to protect the rule of law must be far more particularized, allowing even the layman to see through false jurisprudence. This, when combined with judicial recall, will keep the judges honest.
This article is an extract from the book ‘Principles of Good Government’ by Matthew Bransgrove
