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Definition
The term Rule of Law is derived from the French
phrase ‘la principe de legalite’ (the principle of legality)
which refers to a government based on principles of law and
not of men.
Rule of Law is a legal principle that law should govern a
nation, and not arbitrary decisions by individual government
officials.
In simple words, ‘men are ruled by law and not by men’
It primarily refers to the influence and authority of law
within society, particularly as a constrain upon behaviour,
including behaviour of government officials.
According to Prof. Diccy, rules of law contains three
principles or it has three meanings as stated below:
1.Supremacy of Law :
The First meaning of the Rule of Law is that '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 ordinary courts of the
land.
2. Equality before Law :
the Second meaning of the Rule of Law is NO
PERSON IS ABOVE THE LAW.
- It means that The government and its officials and
agents as well as individuals and private entities are
accountable underthe law.
3. Predominance of Legal Spirit:
The third meaning of the Rule of Law is the general
principles of the constitution are the result of judical
decisions determining file rights of private persons in
particular cases brought before the Court.
In UK, judge made law, evolved and the
principles of “ruleof law” are “recognized” by
the courts.
In India, Rule of Law is not used in the Indian
Constitution anywhere. The term is though
used frequently by the Indian courts in their
judgments. For instance, an online search of
the Supreme Court's reportable judgments
delivered between 1 January 1950 and 1 January
2010 resulted in 1,299 hits of the term 'ruleof
law'.
COMPARING WITH OTHER
COUNTRIES

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midterm t6.pptx

  • 1.
  • 2.
  • 3. Definition The term Rule of Law is derived from the French phrase ‘la principe de legalite’ (the principle of legality) which refers to a government based on principles of law and not of men. Rule of Law is a legal principle that law should govern a nation, and not arbitrary decisions by individual government officials. In simple words, ‘men are ruled by law and not by men’ It primarily refers to the influence and authority of law within society, particularly as a constrain upon behaviour, including behaviour of government officials.
  • 4. According to Prof. Diccy, rules of law contains three principles or it has three meanings as stated below: 1.Supremacy of Law : The First meaning of the Rule of Law is that '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 ordinary courts of the land.
  • 5. 2. Equality before Law : the Second meaning of the Rule of Law is NO PERSON IS ABOVE THE LAW. - It means that The government and its officials and agents as well as individuals and private entities are accountable underthe law.
  • 6. 3. Predominance of Legal Spirit: The third meaning of the Rule of Law is the general principles of the constitution are the result of judical decisions determining file rights of private persons in particular cases brought before the Court.
  • 7. In UK, judge made law, evolved and the principles of “ruleof law” are “recognized” by the courts. In India, Rule of Law is not used in the Indian Constitution anywhere. The term is though used frequently by the Indian courts in their judgments. For instance, an online search of the Supreme Court's reportable judgments delivered between 1 January 1950 and 1 January 2010 resulted in 1,299 hits of the term 'ruleof law'. COMPARING WITH OTHER COUNTRIES

Editor's Notes

  1. Even the president, who is considered to hold the highest political office, can be removed from office or formally impeached