The rule of law: the guiding principle

The rule of law: the guiding principle

Published January 15, 2026

This is the fair and non-discriminatory application of the law in a manner that does not allow it to be sidelined or forgotten for any reason, including expediency.  

This principle and its derivatives apply to the public service and/or the public administration as well with no exception.  Good administration cannot subsist without adherence and respect for the rule of law.

The Ombudsman Act 1995 gives substance to the values of justice and fairness as far as the public service and/or the public administration does or does not do when it administers the affairs of Government. 

The provisions of the Act are a tangible expression of the rule of law.

This is not at all an abstract exercise of legal terminology.

By way of example, there can be maladministration even if an administrative act or omission of Government appears to be contrary to law.  

Even that is a rule of law.

The concept of administrative “wrong”

An act or omission of the public service and/or the public administration can constitute maladministration if it is wrong.  

An Ombudsman is not confined to the application of the law  as the Courts of Justice are bound to do.  His benchmark are fairness and justice.  So much is the case that an act can be legal but is still wrong.  

That is why when an Ombudsman concludes an investigation, he makes recommendations.  His review goes beyond strict legality.  Although his are not judgements and therefore not executive in character, the recommendations he makes carry heavy persuasive force, including moral weight.

Impartiality

The rule of law is not satisfied by formal legality alone. The content of law must meet basic standards of justice. 

A fundamental standard of justice is impartial behaviour.

Impartiality implies that decisions are taken and practices are devised for all to benefit without having to depend on what a person is and who he knows.

Public officials have therefore an obligation to use their powers fairly without excess.  This ensures accountability.  Every person has the right to seek assurance that this is done. 

Equality

As a basic standard of justice, equality of treatment goes hand in hand with impartiality. 

Laws should apply equally to all, in that every person is subject to the same laws and entitled to equal legal protection. 

Improper discrimination in treatment is considered an act of maladministration by the Ombudsman Act 1995.

Proportionality

A corollary of the rule of law is proportionality.

When the administration takes action, especially when it affects a person adversely, heavy handed measures should be avoided unless they are necessary and are used as a last resort.

Public authorities should pursue legitimate aims with a balanced and measured approach. Decisions that disregard proportionality can cause harm that is avoidable.

Compassion is also part of a public service and/or a public administration that cares and at the same times does its job well.  Both are not incompatible values.

Certainty

Certainty and clarity of legislation go together simply because they bring about fair application of the law.

Obscure or uncertain laws violate the rule of law. 

Lord Tom Bingham in “The Rule of Law” (2010 – Penguin) had this to say: “ignorance of the law may constitute an excuse for the citizen when the formulation of the law is such as to lead to obscure and contradictory results.”

People cannot obey laws they cannot understand. The consequence is that non-compliance and enforcement become a problem. Therefore, laws must be clear, well-written and predictable.   

Legal certainty and clarity bring about fair application. 

The Code of Good Administration of the Council of Europe considers legal certainty as a core principle, alongside lawfulness and impartiality. 

Next to follow

The next article will focus on transparency, and what you should expect from the public service and/or the public administration when decisions are taken and communicated.