     An individual must be able to know or find out what the law is that permits an interference with their human rights and they must be able to regulate their conduct in accordance with it. Any powers that are assumed by law enforcement officers must have their basis in statute, or an Act of the Legislature. The legislative body should therefore confer the power on the administrative agency responsible for law enforcement, such as the police, immigration or security service. Any power that is conferred must be precise. It cannot be general or loosely described and it must be challengeable before an independent and impartial tribunal. Where agencies are expected to exercise their discretion that discretion has to be effectively circumscribed by accessible law. The Rule of Law36 28. As a general principle of human rights law, this requirement for legality imports the rule of law (nullum crimen, nulla poena sine lege). Human rights law and the rule of law are, as concepts, therefore indissociable.37 The rule of law also requires a clear legal basis for an interference with human rights standards. It also insists that the law applies to everyone and that no one is exempt, or above the law, whoever they may be, or for whatever reason they have acted. 29. Essentially the rule of law can be summed up as providing all persons (individuals, institutions and government) are subject to the same law. It is a restraint on the arbitrary exercise of power by government. Once this principle is accepted, it acknowledges the supremacy of law and establishes that it is law, not those that are in power, that provides the framework for government. 30. The rule of law has been variously interpreted, but it must be distinguished from a purely formalistic concept under which any action of a public official which is authorised by law is said to fulfil its requirements. Over time, the essence of the rule of law in some countries was distorted so as to be equivalent to ’rule by law’, or ’rule by the law’, or even ’law by rules’. These interpretations permitted authoritarian actions by governments and do not reflect the meaning of the rule of law today. 31. The rule of law in its proper sense is an inherent part of any democratic society and the notion of the rule of law requires everyone to be treated by all decisionmakers with dignity, equality and rationality and in accordance with the law, and to have the opportunity to challenge decisions before independent and impartial courts for their unlawfulness, where they are accorded fair procedures. The rule of law thus addresses the exercise of power and the relationship between the individual and the state. However, it is important to recognise that during recent years due to globalisation and deregulation there are international and 36 See Report on the Rule of Law, Adopted by the Venice Commission, 86 th plenary session, (Venice, 25-26 March 2011). 37 See UDHR, preamble and Article 3. UN Millennium Declaration, A/RES/55/2. 27