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RloLaw IPOL LL B1 IJT

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16 views4 pages

RloLaw IPOL LL B1 IJT

Uploaded by

RAI SHAHZAIB MUMTAZ
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Syllabus Revision Program by Islami Jamiat Talba,

For Batch 19-24 and 20-25,


Punjab University Law College.

Subject: Introduction to Philosophy of Law (LL.B Part I)

Rule of Law

What is Rule of Law?


 It is the mechanism, process, institution, practice, or norm that supports the equality of all
citizens before the law, Generally prevents arbitrary use of power.
 In general, the rule of law implies that the creation of laws, their enforcement, and the
relationships among legal rules are themselves legally regulated, so that no one—including
the most highly placed official—is above the law.
 The rule of law implies that every person is subject to the law, including people who are
lawmakers, law enforcement officials and judges.
 The Rule of Law comprises a number of principles of a formal and procedural character,
addressing the way in which a community is governed.
 The formal principles concern the generality, clarity, publicity, stability, and prospectivity
of the norms that govern a society.
 The procedural principles concern the processes by which these norms are administered,
and the institutions—like courts and an independent judiciary that their administration
requires.

History and Origin:

The term rule of law is originated from a French phrase


“ La principle de legality” meaning “the principle of legality”

"The rule of law" was further popularized in the 19th century by British jurist A.V Dicey.
However, the principle, if not the phrase itself, was recognized by ancient thinkers.
Aristotlewrote: "It is more proper that law should govern than any one of the citizens.
A.V Dicey defined rule of law in his book “The Law of Constitutions” in 1885.

Definitions by different thinkers:

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According to Plato :
“ Law should be supreme in nature and no one is above the law.”

According to Aristotle:
“Law should be the final sovereign”

According to Edward Coke:


“Rule of law means absence of arbitrary power on the part of the government, no man is
punishable or can be made to suffer in body or good expect for a distinct breach of law
established in the ordinary legal manner before the ordinary courts of the land.”

Rule of law by A.V. Dicey:


The Rule of Law according to Dicey means that no man is punishable or can be lawfully made
to suffer in body or goods except for distinct breach of law and no man is above the law. The
term Rule of Law thus, means the paramountcy of Law over Government. Three principles
proposed by A.V. Dicey are given following :
 Supremacy of Law
 Equality before Law
 Predominance of Judicial or Legal spirit

Supremacy of Law:
As per Dicey Rule of law means the absolute supremacy of law and „no man is punishable or can
lawfully be made to suffer in body or goods except for a distinct breach of law established in the
ordinary legal manner before the courts of the land. Dicey was of the view that all individuals
whether if he is a common man or government authority are bound to obey the law. He is of the
view that no man can be punished for any thing else than a breach of law which is already
established. And also that the alleged offence is required to be proved before the ordinary courts
in accordance with ordinary procedure.

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Equality before Law:
As per Dicey Rule of law, in the second principle, means the equality of law or equal subjection
of all classes of people to the ordinary law of the land which is administered by the ordinary law
courts. In this sense rule of law conveys that no man is above the law. Even the Government
Officials are under a duty to obey the same law and there can be no other special courts for
dealing specifically with their matters.

Predominance of Legal spirit:


As per Dicey , in many countries rights such as right to personal liberty, freedom, arrest etc. are
provided by the written Constitution of a Country. But in England these rights are a result of the
judicial decisions that have arisen due to the conflict between the parties. The constitution is not the
source but the consequence of the rights of the individuals.

But this principle of Dicey is not applicable in India as in India we consider the Constitution to be
the basic ground work of laws from which all other laws are derived.

RULE OF LAW IN MODERN SENSE:


Today Dicey‟s theory of rule of law cannot be accepted in its totality. The modern concept of the
rule of law is fairly wide and therefore sets up an ideal for any government to achieve. This concept
was developed by the International Commission of Jurists. Known as Delhi Declaration, 1959
which was latter on confirmed at logos in 1961. According to this formulation-

“The rule of law implies that the functions of the government in a free society should be so
exercised as to create conditions in which the dignity of man as an individual is upheld. This
dignity requires not only the recognition of certain civil or political rights but also creation of
certain political, social, economical, educational and cultural conditions which are essential to the
full development of his personality”.

According to Davis, there are seven principal meanings of the term “Rule of law”

 law and order


 fixed rules
 elimination of discretion
 due process of law or fairness
 natural law or observance of the principles of natural justice
 preference for judges and ordinary courts of law to executive authorities and
administrative tribunals
 Judicial review of administrative actions.

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So finally it may correctly be said that rule of law does not mean and cannot mean any
government under any law.

Prepared by: Jahanzaib Ahmed Khan


Team Head: Abdul Rehman

Project Head: Maher Ibtisam Elahi.

BEST OF LUCK … !!

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Session 2021 - 2022

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