The rule of law, arbitrariness and institutional virtue. (June 2019)

• Record Type: Journal Article
• Authors: Thompson, Keith
• Is Part Of: Alternative law journal. Volume 44:Number 2(2019)
• Page Start: 159
• Page End: 163
• Publication Date: 2019-06
• Subjects: Rule of law -- arbitrariness -- checks and balances -- personal virtue -- judicial -- administrative and executive decision-making; Law -- Australia -- Periodicals; Law -- Social aspects -- Australia -- Periodicals; Law reform -- Australia -- Periodicals; 349.94
• DOI: 10.1177/1037969X19829850
• Languages: English
• ISSNs: 1037-969X

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.