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The Rule of Law - Tom Bingham

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Author: Tom Bingham / Format: Paperback / Date of publication: 24 February 2011 / Genre: Philosophy / Subcategory: Philosophy of Law / Publisher: Penguin Books Ltd / Title: The Rule of Law / ISBN 13: 9780141034539 / ISBN 10: 0141034539 / Alternative EAN: 9781846140907

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      06.06.2010 11:24
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      Good if you're a law student, still worth a read if you have merely an interest in the operation law

      Doing a law degree, I have studied the rule of law, and it is very welcome that a highly esteemed Law Lord - having held the position of Master of the Rolls - such as Bingham has chosen to write on the subject in light of recent events and legislation.

      In brief, the rule of law is the belief that every individual should be subject to the same laws and rules, and that these should be intelligible and readily ascertainable, not clouded by merky language and uncertainty. Clearly the topic is an important one for Bingham, who suggests fundamental principles of the rule of law, along with a critical outline of the UK's status in providing equality before the law. The book goes through Magna Carta, the Human Rights Act, and other fundamental legislation, before then discussing the impact of recent anti-terrorism law and provisions, which it is argued undermine the important aspects of the rule of law. Bingham's commentary on the Iraq War, and on his analysis of our model of government, is particularly incisive and critical on what he alleges have been clear breaches of the rule of law.

      The writing of the book is generally very clear and understandable, and I expect that an individual not studying law could equally understand the concepts at issue, with Bingham introducing them intelligibly before analysing them. Potentially however it is the wide audience that Bingham attempts to reach which lets this book down slightly. Some areas tend to merely offer a thin analysis, rather than elaborate with potential solutions or more depth. This is maybe to be expected however in such a book.

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