Evaluation the Relation between Duty to Give Reasons Principle and Rule of Law

The main idea of this article is that in contemporary legal thinking, the duty to give reasons has become an inseparable part of Rule of Law. However, it should be asked that how the Rule of Law can be understood as constituting the “Rule of Reasons” principle? The very notion of this article is the bond relationship between principles of duty to give reasons and Rule of Law. Contributors to this paper claim that giving reasons uphold procedural and substantive conceptions of Rule of Law. Giving reasons is the necessary part of the procedural notion since this notion requires that all the state acts must be done in a predictable and consistent way which justifies them by reasons. Also, giving reasons can serve the central part of substantive notion of Rule of Law: the main aim of this conception is to ensure certain fair goals and requiring public officials to give reasons ensures fair conduct toward citizens. As conceptualizing this relationship, in order to reach a contextual evaluation of Rule of Law, theoretical frameworks of it shall pay more attention to duty to give reasons.