Obergruppenfuhrer Reinhard Heydrich, a principal architect of the holocaust. He Eichmann had been captured in Argentina in 1960 and returned to Israel – – for trial. In the course of preparing the case for the prosecution Bach came across some documents which might be thought helpful to the defence case. Bach handed over the documents to Eichmann was Eichmann’s lawyers. astonished; but Bach had studied law here, and as David Pannick says, “Bach’s training at had taught him that the rule of law Lincoln’s Inn so required”. These two stories are highly characteristic of the common law in two respects. The story of Queen Anne and Peter the Great illustrates the truth that everyone is under the law and has the advantage of the law: no one may be subjected to penalty save by due process of law. The story of tells Eichmann’s prosecutor us something of what the common to due process means: not law’s commitment just a trial, but a fair trial one in which the prosecutor, not only the judge, is – obliged to see that the defendant is not deprived of justice. The first of these principles the truth that everyone is under the law is, I – – suppose, no more than an exemplification of the Rule of Law itself; and although a passing knowledge of the history of legal systems tells us that the principle has time and again been violated, mostly in undemocratic States, the Rule of Law is a fixed cornerstone now of any civilized regime. In England the Magna Carta of 1215 pointed the way to the supremacy of the law over the power of government. In the same century Henry Bracton, author of a great mediaeval work, pronounced that De Legibus et Consuetudinibus Angliae, Rex not be under non debet esse sub homine, sed sub Deo et lege – “The king must man but under God and under the In 1470 Sir John Fortescue in De law”. stated that of England cannot, at his pleasure, Laudibus Legum Angliae “A King
Obergruppenfuhrer Reinhard Heydrich, a principal architect of the holocaust. He – Eichmann – had been captured in Argentina in 1960 and returned to Israel for trial. In the course of preparing the case for the prosecution Bach came across some documents which might be thought helpful to the defence case. Bach handed over the documents to Eichmann’s lawyers. Eichmann was astonished; but Bach had studied law here, and as David Pannick says, “Bach’s training at Lincoln’s Inn had taught him that the rule of law so required”. These two stories are highly characteristic of the common law in two respects. The story of Queen Anne and Peter the Great illustrates the truth that everyone is under the law and has the advantage of the law: no one may be subjected to penalty save by due process of law. The story of Eichmann’s prosecutor tells us something of what the common law’s commitment to due process means: not just a trial, but a fair trial – one in which the prosecutor, not only the judge, is obliged to see that the defendant is not deprived of justice. The first of these principles – the truth that everyone is under the law – is, I suppose, no more than an exemplification of the Rule of Law itself; and although a passing knowledge of the history of legal systems tells us that the principle has time and again been violated, mostly in undemocratic States, the Rule of Law is a fixed cornerstone now of any civilized regime. In England the Magna Carta of 1215 pointed the way to the supremacy of the law over the power of government. In the same century Henry Bracton, author of a great mediaeval work, De Legibus et Consuetudinibus Angliae, pronounced that Rex non debet esse sub homine, sed sub Deo et lege – “The king must not be under man but under God and under the law”. In 1470 Sir John Fortescue in De Laudibus Legum Angliae stated that “A King of England cannot, at his pleasure,