1 The preamble to the Universal Declaration of Human Rights (1948) (‘UDHR’) states that ‘it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law’ (para. 3 Preamble UDHR). Agreement as to the importance of the rule of law has often been undermined by uncertainty as to its content. A core definition of the rule of law as it has evolved over time appears to have three elements.2 First, the power of the State may not be exercised...
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