Civil Liberty and the Rule of Law

In: Political studies: the journal of the Political Studies Association of the United Kingdom, Band 31, Heft 2, S. 194-204

Abstract

All think that the rule of law is a good thing. It is also widely believed, and it has been argued by some leading jurisprudents, that the chief reason why the rule of law is a good thing is that it protects civil liberty. I argue in this essay that the former belief is true, but that the latter belief is false, since the rule of law does not protect citizens' liberty but increases their power. The argument is conceptual rather than factual, and turns on explaining the meanings of the expressions 'rule of law', 'law', 'power' and—above all—'civil liberty'.