Rule of Law
RULE OF LAW
In course of Twentieth century, the emergences of democratic legislations and state welfare laws have lowered the effect of natural law and common law. These laws are bit liberal and sometimes puts limitations on the rule of Law in the name of nation’s Interest. This principle of ‘Rule of Law’ has been a matter of discussion and analysis since a long time in the realm of Jurisprudence and Legal theory. But, very less interest has been shown towards the exact definition of ‘Rule of Law’. Rule of law means, the law should rule. People should follow and obey the law. In simple way we may say that by Rule of Law the sense that is conveyed is, no one is above law but Law is above all. In present world, a tussle is going on between the rule of power and the rule of Law. The countries having powers are trying to suppress comparatively weaker countries. After so many years of the cold war, America managed to become world’s greatest economy and military power and also current problem for the rule of law. Being a strong country America has become very crucial for other countries for helping them and hurting them as well. America’s war against terrorism is an example of rule of power over rule of law.
Origin of Rule of Law
This doctrine was firstly introduced in 17th century and developed during 19th century by the English Jurist A.V Dicey. In many texts Dicey was regarded as the Father of the doctrine of ‘Rule of Law’. But firstly it was propounded in UK by Sir Edward Coke (Lord Chief Justice of England), later on was developed by Dicey. The rule of law owe its origin from the French word ‘la princpe da legalite’ which means that only the Law has the legality, the Law, which is just, good and supreme. They established the rule that Law is the master of government not the government, a master of Law. In Middle Ages, around 7th century, Islamic Jurisprudence established that the Law is above all and no one is above the established principles of Law, not even
In course of Twentieth century, the emergences of democratic legislations and state welfare laws have lowered the effect of natural law and common law. These laws are bit liberal and sometimes puts limitations on the rule of Law in the name of nation’s Interest. This principle of ‘Rule of Law’ has been a matter of discussion and analysis since a long time in the realm of Jurisprudence and Legal theory. But, very less interest has been shown towards the exact definition of ‘Rule of Law’. Rule of law means, the law should rule. People should follow and obey the law. In simple way we may say that by Rule of Law the sense that is conveyed is, no one is above law but Law is above all. In present world, a tussle is going on between the rule of power and the rule of Law. The countries having powers are trying to suppress comparatively weaker countries. After so many years of the cold war, America managed to become world’s greatest economy and military power and also current problem for the rule of law. Being a strong country America has become very crucial for other countries for helping them and hurting them as well. America’s war against terrorism is an example of rule of power over rule of law.
Origin of Rule of Law
This doctrine was firstly introduced in 17th century and developed during 19th century by the English Jurist A.V Dicey. In many texts Dicey was regarded as the Father of the doctrine of ‘Rule of Law’. But firstly it was propounded in UK by Sir Edward Coke (Lord Chief Justice of England), later on was developed by Dicey. The rule of law owe its origin from the French word ‘la princpe da legalite’ which means that only the Law has the legality, the Law, which is just, good and supreme. They established the rule that Law is the master of government not the government, a master of Law. In Middle Ages, around 7th century, Islamic Jurisprudence established that the Law is above all and no one is above the established principles of Law, not even
References: 1. Varsha, ‘Comparative Analysis of Rule of Law in India & UK’, (2010) http://www.legalserviceindia.com/article/l457-Rule-of-Law-in-India-&-UK.html, accessed On 2nd March 2012 2. Khan Kamaluddin, ‘The doctrine of rule of Law’ (2009), http://twocircles.net/legal_circle/doctrine_rule_law_kamaluddin_khan.html, accessed on 2nd March 2012 3 4. Dabcanboulet, ‘Dicey’s views on the rule of law and the supremacy of parliament’,(2002),http://everything2.com/title/Dicey%2527s+views+on+the+rule+of+law+and+the+supremacy+of+parliament 5 [ 5 ]. Mathew Stephenson, “The Rule of law as a goal of Development policy”, (2002) [ 6 ] [ 7 ]. Dabcanboulet, ‘Dicey’s views on the rule of law and the supremacy of parliament’,(2002) [ 8 ] [ 11 ]. Ian Murray, ‘The Failure of the rule of Law in Britain’, 2010,