Introduction to Rule of Law

1. Western Concept:
Magna Carta in 1215:
No free man shall be taken or
imprisoned or exiled or In any way
destroyed nor will go or send for him
Except under a lawful judgment
of his peers And by the law of the land
Sixteenth century:
Isonomia (Isonomy) was imported to
England from Italy Equality before law
it was replaced by the word rule of law
Originator:
Sir Edward
That the king should be under the God
and the law And must be subject to law
That the government should be subject
to law rather than the Law subject to
government.
Subject: Administrative law
Standard: LL.B second year
Topic: Rule of Law
MUNIR HUSSAIN KTK
Lecturer
UNIVERSITY LAW COLLEGE
QUETTA
www.facebook.com/pages/Corridor-to-Commercial-Law
Objectives
To Learn the
1. Concept of Nomocracy
2. Historical background
-Government of law
-the restriction of the arbitrary exercise of
power by subordinating it to well-defined
and established laws
-The rule of law is the legal principle that law
should govern a nation, as opposed to being
governed by arbitrary decisions of individual
government officials
Rule of Law
Rule under
lawRule
according
to law
Rule by Law
During the thirteenth century, Thomas
Aquinas argued that the rule of law
represents the natural order of God as
ascertained through divine inspiration
and human reason. In the
seventeenth century, the English jurist
Sir Edward Coke asserted that the
"king ought to be under no man, but
under God and the law." With regard
to the legislative power in England,
Coke said that "when an act of
Parliament is against common right
and reason, or repugnant, or
impossible to be performed, the
Common Law will control it, and
adjudge such act to be void." In the
United States, Alexander Hamilton
applied the rule of law to the judiciary
when he argued in The Federalist, no.
78, that judges "have neither Force
nor Will, but merely judgment."
Rule
according
to higher
law
Historical background:
Confucius’ supremacy of law
Aristotle: In Greece Aristotle wrote that "law should be the final sovereign, law
should governed
O2 thousand years ago in his treatise politics he said That the state cannot itself
create the law because That would mean to abolish Justice itself.It would be a sin
against God who creates the law.
Romans called that Jus naturale
Mediaevalist called that Law of God
Hobbes and Rousseau calls it Social contract or natural law
Modern man calls it Rule of law