The document discusses the concept of rule of law. It was first expounded by Edward Coke and further developed by A.V. Dicey. According to Dicey, rule of law means the supremacy of regular law over arbitrary power. It includes three principles - supremacy of law, equality before law, and predominance of legal spirit. The rule of law is the fundamental principle that governmental authority should only be exercised according to established written law and that no person is above the law. It aims to safeguard against arbitrary governance and protect individual rights and freedoms. The Indian constitution also incorporates the principle of rule of law.
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
Montesquieu's Doctrine of Separation of PowerA K DAS's | Law
The main theme of Montesquieu doctrine is that each and every organ of the state will exercise of its own power and function, and no one organ will interfere into the functions of another organ. He is the proponent of this theory....
Services under the union and the states Art. 308 to 323 jyoti dharm
Regulation of recruitment and conditions of services of person serving the union and the states.
Tenure of the office of members of these services
Constitutional safeguards to the civil servants
Creation of All India services.
Establishment of the service commission
Introduction and the concept o administrative law, its meaning, definition, objects, nature, functions, sources, theories and need.
History and Growth of Administrative law in UK, US, France and India.
Its consists of the emergence of international law, Expalanation of international law, reason why it is a weak law, Father of International law, types of law, Formulation of treaties, Why international law is not a real law, Nature of international law, basis of international law , sources of international law, famous case of international law and current state of international law
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the violation of fundamental rights under the constitution. Useful for Law students and Professionals.
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
Montesquieu's Doctrine of Separation of PowerA K DAS's | Law
The main theme of Montesquieu doctrine is that each and every organ of the state will exercise of its own power and function, and no one organ will interfere into the functions of another organ. He is the proponent of this theory....
Services under the union and the states Art. 308 to 323 jyoti dharm
Regulation of recruitment and conditions of services of person serving the union and the states.
Tenure of the office of members of these services
Constitutional safeguards to the civil servants
Creation of All India services.
Establishment of the service commission
Introduction and the concept o administrative law, its meaning, definition, objects, nature, functions, sources, theories and need.
History and Growth of Administrative law in UK, US, France and India.
Its consists of the emergence of international law, Expalanation of international law, reason why it is a weak law, Father of International law, types of law, Formulation of treaties, Why international law is not a real law, Nature of international law, basis of international law , sources of international law, famous case of international law and current state of international law
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the violation of fundamental rights under the constitution. Useful for Law students and Professionals.
Admistratuve.pptx very good very nice yelynbylin98
of India, the precursor of the new Indian renaissance, became effective on January 26,
1950.54Before the advent of the Constitution, India was governed under the Government of India Act, 1935,
which became effective in 1937. India was then a part of the British Empire; sovereignty of the British Crown
prevailed over the country and it was in the exercise of this sovereignty that the British Parliament had
enacted the Act of 1935.
Only two major features of the Act need be mentioned here. First, the Act conferred only a very limited right
of self-government on the Indians. The executive authority in a Province was vested
A Brief Assessment of Rule of Law and Human Rights under the Constitution of ...dbpublications
The philosophy of Rule of Law stated that no one above the law, all are equal before law and fundamental rights of the citizens must be protected. Rule of Law, the fundamental constitutional principle, introduced in 17th centuries and got popularity in 19th century by a great scholar A.V Dicey. This article looked into a brief assessment of Rule of Law and fundamental rights under the constitution of Pakistan. This study based on qualitative and quantitative research, and it first described what the Rule of Law is? Its main features, relationship between Rule of Law and Human Rights, and then a comparative analysis of Rule of Law and Human Rights in Pakistan and other countries of the world by referring World Justice Project, Rule of Law Assessment 2015.
1. Rule of law
*The expression 'Rule of Law' has been derived from
the French phrase 'la principle de legalite', i.e. a
Government based on the principles of law.
*It was expounded for the first time by Sri Edward
Coke, and was developed by Prof. A.V.Dicey in his
book 'The law of the Constitution' published in 1885
2. Rule of law
According to Edward Coke , “Rule of Law
means:
A.Absence of arbitrary power on the part of the
Government
B.No man is punishable or can be made to
suffer in body or good except for a distinct
breach of law established in the ordinary legal
manner before the ordinary courts of the land.
3. Rule of law
As per Prof. A.V.Dicey, “the rule of law means
the absolute supremacy or predominance of
the regular law as opposed to the influence of
arbitrary power and excludes the existence of
arbitrariness or even of wide discretionary
authority on the part of the government.”
(The Law of the Constitution)
4. Rule of law
Dicey regarded rule of law as the bedrock of
the British Legal System: ‘this doctrine is
accepted in the constitutions of U.S.A. and
India.
5. Rule of law
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 man is above law
3. Predominance of Legal Spirit or the Third meaning of
the Rule of Law is the general principles of the constitution
are the result of juridical decisions determining file rights
of private persons in particular cases brought before the
Court.
6. Rule of Law
The Rule of Law, in its most basic form, is the
principle that no one is above the law.
The rule follows logically from the idea that
truth, and therefore law, is based upon
fundamental principles which can be
discovered, but which cannot be created
through an act of will.
7. Rule of law
The most important application of the rule of
law is the principle that governmental authority
is legitimately exercised only in accordance with
written, publicly disclosed laws adopted and
enforced in accordance with established
procedural steps that are referred to as due
process. The principle is intended to be a
safeguard against arbitrary governance, whether
by a totalitarian leader or by mob rule. Thus, the
rule of law is hostile both to dictatorship and to
anarchy
8. Rule of law
Rule of law under Indian Constitution:
A.The preamble of our constitution clearly sets out
the principle of rule of law when it lays down the
objectives of social, economic and political justice,
equality of status and opportunity, and fraternity
and dignity of individuals in India.
B.Part III of the Constitution lays down the
fundamental rights guaranteed to every citizen of
the country. These rights are justifiable U/A 32 &
226 which ensure them a protection from any
legislative or executive encroachments.
9. Rule of law
Smt. Indira Nehru Gandhi v. Raj Narain AIR
1975 SC 2299,
“The rule of law postulates the pervasiveness
of the spirit of law throughout the whole
range of government in the sense of excluding
arbitrary official action in any sphere….It is an
expression to give reality to something which
is not readily expressible.”
10. Rule of law
It is the essence of the rule of law that
every authority within the State including
the executive government should consider
itself bound by and obey the law. [State of
Bihar v. Sonawati Kumari, AIR 1961 SC 221]
11. Rule of law
Bachan Singh v. State of Punjab* popularly
known as ‘Death Penalty Case’, “The rule of law
permeates the entire fabric of the Constitution
and indeed forms one of its basic features. The
rule of law excludes arbitrariness, its postulate is
‘intelligence without passion’ and reason free
from desire. Wherever we find arbitrariness or
unreasonableness, there is denial of the rule of
law.”