Principium Volume III, Book 12, Quote 1221, 1226, and 1229

1221. State v. Boloff, Oregon reports 138 (1932), p. 611: “A legislative act creates a rule for all: it is not an order or command to some individual; it is permanent, not transient. A law is universal in its application; not a sudden order to and concerning a particular person.”


1226. (1-26-2011) If it is often not recognized that general and equal laws provide the most effective protection against infringement of individual liberty, this is due mainly to the habit of tacitly exempting the state and its agents from them and of assuming that the government has the power to grant exemptions to individuals. The ideal of the rule of law requires that the state either enforce the law upon others – and that this be its only monopoly – or act under the same law and therefore be limited in the same manner as any private person. It is this fact that all rules apply equally to all, including those who govern, which makes in improbable that any oppressive rules will be adopted.

- Friedrich A. Hayek – The Constitution of Liberty, 1960


1229. (1-26-2011) The principle of separation of powers must not be interpreted to mean that in its dealing with the private citizen the administration (Executive)ATJ is not always subject to rules laid down by the legislative and applied by the independent courts….Though under any workable system the administration must undoubtedly have powers which cannot be controlled by independent courts, “Administrative Powers over Person and Property” cannot be among them. The rule of law requires that the executive in its coercive action be bound by rules which prescribe not only when and where it may use coercion but also in what manner it may do so. The only way in which this can be ensured is to make all its actions of this kind subject to judicial review.

- Friedrich A. Hayek – The Constitution of Liberty, 1960

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