The rule of law, arbitrariness and institutional virtue

Authors

Anthony Keith Thompson, The University of Notre Dame AustraliaFollow

Publication Details

Thompson, K. (2019) The rule of law, arbitrariness and institutional virtue, Alternative Law Journal, 44(2), 159-163. doi: 10.1177/1037969X19829850

Abstract

This article summarises Professor Martin Krygier's work on the rule of law and his view that arbitrariness is its core and is under-theorised. From ancient philosophy, the author suggests that our rule of law settlement feels tentative because arbitrariness is a human characteristic that cannot be completely fixed with institutional checks and balances. The author observes that a variety of rule of law virtues are already expected of judicial decision-makers and suggests that these institutional virtues should be transferred into the administrative, executive and corporate decision-making space to advance the rule of law project.

Keywords

rule of law, arbitrariness, checks and balances, personal virtue, judicial, administrative and executive decision-making

Link to Publisher Version (URL)

https://journals.sagepub.com/doi/10.1177/1037969X19829850