The Legislative and the Rule of Law
In its conclusions, the committee on the legislative stated that under the Rule of Law, the legislature carried out the function of creating and maintaining conditions that would uphold the dignity of man. This would include recognition of civil and political rights as well as the establishment of the social, economic, educational and cultural conditions, which the committee deemed essential to the full development of the individual's personality.
The committee also stated that minimum standards and principles regulating the individual within society were essential for the Rule of Law. Such standards would, however, imply certain limitations on legislative power. The limitations on the legislative should be enshrined in a constitution and safeguarded by an independent judicial tribunal.
According to the conclusions of the committee, the legislative had the responsibility to: abstain from enacting retroactive penal legislation; not discriminate in its laws between one citizen and another; not interfere with freedom of religious belief; not deny members of society the right to responsible government; not place restrictions on the freedom of speech, assembly or association; not impair the exercise of fundamental rights and freedoms of the individual; and provide the procedural mechanisms to protect the above-mentioned freedoms ("procedure of due process").
The Executive and the Rule of Law
The committee on the executive concluded that the granting of power by the legislative to the executive should be undertaken within the narrowest possible limits and that legislature should define the extent and purpose of such delegated powers, as well as the procedures by which such delegated power was to be brought into effect. An independent judicial body should be given the power to review the legislation passed by the executive (Judicial review).
When the executive directly and adversely affected a person or the property...