by Matthew Bransgrove | Jul 13, 2015 | The Rule of Law
The chief safeguard is that the rules must apply to those who lay them down and those who apply them—that is, to the government as well as the governed—and that nobody has the power to grant exceptions. —Friedrich Hayek. The Constitution of Liberty, 1960. The power to...
by Matthew Bransgrove | Jul 13, 2015 | The Rule of Law
It is evident that not all the acts of government can be bound by fixed rules and that at every stage of the governmental hierarchy considerable discretion must be granted to the subordinate agencies. So long as the government administers its own resources, there are...
by Matthew Bransgrove | Jul 13, 2015 | The Rule of Law
That constitution which trusts more than it needs to any man, or body of men, has a terrible flaw in it, and is big with the seeds of its own destruction. Hence arose tyrants, and tyranny, and standing armies: Marius, and Caesar, and Oliver Cromwell. How...
by Matthew Bransgrove | Jul 13, 2015 | The Rule of Law
Granting officials discretion is unavoidable whenever the government steps outside its legitimate role. When the government intervenes in money markets, when it bails out companies, when it seeks to eliminate ‘harmful’ competition, regulate prices, or force business...
by Matthew Bransgrove | Jul 13, 2015 | The Rule of Law
Discretion is objectionable because with it comes uncertainty. Good government requires certainty. Certainty of outcome allows individuals to fully command their own destinies. It allows individuals to plan their lives and businesses to plan their work. Moreover,...
