Thompson, K. (2019) The rule of law, arbitrariness and institutional virtue, Alternative Law Journal, 44(2), 159-163. doi: 10.1177/1037969X19829850
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.
rule of law, arbitrariness, checks and balances, personal virtue, judicial, administrative and executive decision-making