The "Rule of Recognition" connects to both "Due Process of Law" and "Procedure Established by
Law" by providing a framework for determining whether a law is valid and enforceable, with "Due
Process" emphasizing fairness and just procedures, while "Procedure Established by Law" focuses
strictly on following the proper legal process, even if it might not be considered inherently
fair; essentially, the Rule of Recognition acts as a standard to assess whether a law adheres to the
principles of both concepts depending on the legal system involved
Important distinction:
Focus on Fairness vs. Procedural Adherence: While "Procedure Established by Law"
primarily focuses on whether the correct legal process was followed, "Due Process" goes
further to examine whether the law itself is fundamentally fair and just.
The connection between Procedure Established by Law and H.L.A. Hart's Rule of Recognition is
fundamental in ensuring a coherent and functioning legal system. Here's how they interrelate:
Rule of Recognition
H.L.A. Hart's Rule of Recognition is a foundational concept in his theory of legal positivism. It is a
secondary rule that provides criteria for identifying and validating the primary rules (laws) within a
legal system.
Procedure Established by Law
This principle requires that any deprivation of life, liberty, or property must follow the legal
procedures established by law. It emphasizes procedural correctness and adherence to established
legal processes.
Connection
1. Validation of Legal Procedures:
oThe Rule of Recognition sets the criteria for what constitutes a valid law within a
legal system. It includes recognizing the procedures through which laws are created,
amended, and enforced.
oProcedure Established by Law derives its legitimacy from the Rule of Recognition,
which identifies the procedures prescribed by valid laws. Without the Rule of
Recognition, there would be no agreed-upon standard to determine whether the
procedures being followed are indeed legally valid.
2. Ensuring Procedural Correctness:
oThe Rule of Recognition ensures that the laws and procedures established by the
legislature or other recognized bodies are adhered to. It acts as a guide for legal
officials and the judiciary in determining the validity of legal actions based on
prescribed procedures.
oProcedure Established by Law relies on this validation to ensure that any deprivation
of rights is carried out according to legally recognized procedures. This adherence
maintains legal order and predictability.
3. Legitimacy and Authority:
