49 “Political Theory and the Rule of Law”: “It would not be very difficult to demonstrate that the term `rule of law` has become meaningless because of ideological abuses and general overuse. It may have become just another one of those complacent rhetorical tricks that adorn the public statements of Anglo-American politicians. See also Raz 1977 LQR 195-196 and Allan Law, Liberty and Justice 20. The appeal of the rule of law has also been enhanced when it has been extended to socio-economic rights. This was triggered by the rapid pace of decolonization in the 1960s and pressure from newly independent Asian and African democracies. The minority and majority judgments in the Masethla case clearly show that there is disagreement on the scope and requirements of the rule of law. South African judges are not the only ones who disagree on the rule of law. The jurist Tamanaha,48 repeats an earlier, somewhat harsher comment by Shklar,49 noting that the State`s obligation [through the rule of law and the right of access to justice] goes beyond the mere provision of the above-mentioned mechanisms and institutions [for the settlement of disputes]. It is also obliged to take appropriate measures, to the extent possible, to ensure that there are no widespread disruptions in the social fabric as a result of the enforcement of court decisions, which would undermine the rule of law. The precise nature of the State`s obligation in a particular case and in relation to a particular right depends on what is appropriate, having regard to the nature of the right or interest involved and the circumstances of the case.118 The modern origins of the rule of law generally go back to the work of the English constitutional expert A.V. Dicey.

In his Introduction to the Study of Constitutional Law (1885), he defined the rule of law as: Fallon RH “`The rule of law` as a concept in constitutional discourse” 1997 Columbia LR 1-56 Tamanaha50 usefully sketches theories of the rule of law on a continuum, with formal theories on one side of the spectrum and substantive theories on the other.