Introduction
Concept
of Rule of law is very old. It is an ancient ideal, and ancient Greek
philosophers such as Plato and Aristotle also discussed it. The term ‘Rule
of Law’ has been derived from a French phrase and this French phrase means
principal of legality. Now, Rule of Law is a legal maxim and this maxim
emphasizes on equality before law. According to this maxim, both government and
citizens are subject to known and established laws and are not above law.
Definition
According
to Aristotle Rule of Law as “Government by law is superior to Government by
men”.
Importance
of Rule of Law
The
Rule of Law expresses a preference for law and order within a community rather
than anarchy, warfare and constant strife. The Rule of Law is a philosophical
view of society which is linked with basic just thoughts. Furthermore, the
standard of law communicates a legitimate doctrine of key significance,
specifically, that administration must be directed according to law, and that
disputed cases what the law requires is declared by judicial decision. Thirdly,
the Rule of Law refers to a body of political opinion about what the detailed
Rule of Law should provide in matters both of substance and of procedure.
Proponents
of the Rule of Law are however likely to support constitutional protection for
human rights by such means as a judicially enforceable Bill or Rights, so that
legislation affecting fundamental rights may be subject to review in the
courts.
It
is a basic rule of constitutional law that the organs of government must
themselves work through law. In the event that the police need to keep a
national or if taxes are to be required, the authorities concerned must have
the capacity to show legal authority for their actions.
The
doctrine of government according to law requires that a person directly
affected by government action must be able, if necessary to challenge the
legality of that action before a court, and not merely to register a complaint
with the department concerned.
The
Rule of Law does however require that public authorities and officials are
subjects are subject to effective sanctions if they depart from the law. Often
the sanctions is that their acts are declared invalid by the courts. But
another sanction is the duty to compensate citizens whose rights have been
infringed.
Rule of Law in British Constitution
In
Great Britain, Rule of Law was developed over centuries. Struggle for supremacy
between British Parliament and British Monarch paved a way for development of
this maxim in Great Britain. Explanation of following points is important for
further study of this maxim as far as Great Britain is concerned:
British
Constitution
Rule
of Law is a significant aspect of British Constitution and is an important part
of British politics. British constitution recognizes that both government and
people should be subject to law.
Determination of Rights of Individuals
It is an admitted principle in Great Britain
that rights of individuals should be determined by legal rules and not by
arbitrary powers. Earlier, it was arbitrary powers of Monarch, which determined
rights of individual, but now rights are determined by law. For people now
possesses right like right to speech, gather and so on.
No Punishment Unless Breach of Law
It is also a settled principle in Great
Britain that there can be no punishment unless a court decides that there has
been a breach of law. To achieve this goal, judiciary has been made
independent.
Subject to law
It is another recognized principle is Great
Britain that everyone, regardless of his/her status in society, is subject to
the law. In other words, government and citizens are not above law. In this
way, government and citizens have been made subject to law and misuse of powers
has been checked.
Equality before Law
This principle i.e. equality before law is
strictly observed in Great Britain. Due to such strict observance all are
considered equal before law.
Vicarious Liability of Ministers
In Great Britain, all ministers are
considered responsible for mistake of a minister. Such vicarious liability of
ministers guarantees Rule of Law in Great Britain.
Conclusion
The expression “Rule of Law” connotes the
undisputed supremacy of law. This supremacy of law is designed to give the
security to the rights of the British subjects. Further more the rule of law as
expounded by Dicey needs modification; however, it is still a principle of the
English Constitution.
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