Source: EconLog
by Jon Murphy
“Rule of law has long been sacred to the classical liberal. While the term was popularized by British jurist A. V. Dicey, the concept is much older. The rule of law has three distinct characteristics in the common law world: 1. An absence of arbitrary power on the part of the government 2. Every man (regardless of rank or condition) is subject to ordinary law administered by ordinary tribunals 3. The law is discovered by judges when considering cases brought before the courts This last is often a cause for controversy. Why should judges decide law? If judges simply decide, and those decisions become legal precedents, aren’t judges just substituting their judgement for politicians? Why do judges deserve special reverence when classical liberals are skeptical of politicians? Or, as it’s sometimes put, aren’t judges just ‘politicians in black robes?’ These are legitimate questions. Fortunately for us, public choice analysis lets us explore them.” (05/27/25)