Lesson 1 -  The Principle of the Rule of Law

A fundamental principle of English common law that seeks to make the law fair and accessible to all is known as " the rule of law". It is a concept that implies that everyone should be able to know what the law requires and that the law should apply equally to everyone. The rule of law expresses our belief that no one is above the law, and that those who make and enforce the law must do so in a way that is fair to everyone. The importance of the rule of law is recognized in the Constitution Act of 1982, which contains the Canadian Charter of Rights and Freedoms. The Charter opens with the statement:"Canada is founded upon principles that recognize the supremacy of God and the rule of law."

Under the rule of law, the only way legal rules can be recognized as legitimate is if they are procedurally correct. Each act of the authorities in the legal process, such as police, judges, attorneys, and all other authorities involved in the legal process, must be authorized by legal rules. Thus, for example, the police may only arrest if they are authorized to do so by some rule of statute or law. The rule of law requires that each legal step has been followed in legally and procedurally correct form. If there is any break in the chain of legality, the action is not in accordance with law, and may be controlled by the Courts.