"What all this amounts to, then, is that the Rule of Law requires that administrative discretion in coercive action (i.e., in interfering with the person and property of the private citizen) must always be subject to review by an independent court which is not an instrument of, or even privy to, the aims of current governmental policy; that its review must in all such instances extend to the substance of the administrative act and not merely to the question whether it was infra or ultra vires; and that, if such a court finds that the rights of private citizens have been infringed, it will assess damages just as if the right of this person had been violated by another private citizen. This, in addition to the familiar requirements of generality, equality, and certainty of the law is really the crux of the matter, the decisive point on which it depends whether the Rule of Law prevails or not."
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Philosophers from AustriaAcademics from the United KingdomAcademics from AustriaFriedrich HayekEconomists from the United Kingdom
Original Language: English
Available Languages (1)
Sources
Lecture III. The Safeguards of Individual Liberty - 19. Fundamental Rights and the Protected Private Sphere
https://en.wikiquote.org/wiki/Friedrich_Hayek
Revision History
No revisions have been submitted for this quote.
Categories
Friedrich Hayek
Friedrich August von Hayek CH (8 May 1899 – 23 March 1992) was an Austrian, later British, economist and philosopher best known for his defense of [[w:classical liberalism|classical
247 quotes on TrueQuotesView all quotes by Friedrich Hayek →
Related Quotes
"An Acquisitive Society reverences the possession of wealth, as a Functional Society would honour, even in the person …"
"Only at first does it seem paradoxical that the anti-internationalism of conservatism is so frequently associated wit…"
"At Chicago, Hayek put aside his more technical economic work for the development of a social and political theory tha…"
"Life at Cambridge during those war years was to me particularly congenial, and it completed the process of thorough a…"
"If craftsmen and blacksmiths were feared for transforming material substance, if traders were feared for transforming…"
"The most important player on Ronald Reagan's economic team is Ronald Reagan. The person most responsible for creating…"
"The human mind, Hayek says, is not just limited in its ability to synthesize a vast array of concrete facts, it is al…"
"Since only actions aimed at perceived benefit to others were, to Aristotle's mind, morally approved, actions solely f…"
"An evil fate befall German efforts to defend the ideal of liberty in general and in the field of economics in particu…"
"You cannot successfully use your technical knowledge unless you are a fairly educated person, and, in particular, hav…"