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The Conversation
The Conversation
Politics
Allan Beever, Professor of Law, Auckland University of Technology

The rule of law is fundamental to a free society – so why don’t NZ courts always uphold it?

Ever since the 17th century, the rule of law has been regarded as one of the fundamental values of a free society. It means you cannot be forced to do something unless there is a law requiring you to do it.

It also means people in power can coerce you only if there is a rule justifying it. This is the opposite of the “rule of persons”, in which the rulers have arbitrary power: they have the authority to force you to do things simply because they think those things should be done.

In free societies, the courts are the chief institution tasked with upholding the rule of law. It is their job to police government and other officials, to make sure they act only in accordance with the law.

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