This school is the traditional school. It examines the way in which the law has been enacted, its stability, clarity and the extent to which it is applied in a consistent way, in order to assess how strong is the rule of law in that state.
Building upon the other school, this school of thought considers the content of the law as well as the process though which it is made and applied.
All laws should be prospective, open and clear, as well as relatively stable. The process of law-making should be open, stable clear and according to the rules. Judicial independence must be guaranteed, and the principles of natural justice observed. The courts must have the power to review the executive; they should be accessible to the public. Executive discretion should be limited.
The rule of law requires that the formal school requirements must be met. In addition, the state must be able to justify the law to its citizens with reference to the principles of fairness, equality, dignity and basic human rights standards.
The rule of law requires that the law is held as supreme and that all are subject to it. It requires that the courts administer the law and that no-one is subject to state punishment except if s/he is found to have breached the law.