The document discusses the many meanings and interpretations of the rule of law concept historically and across different legal and political systems. It outlines the emergence of rule of law from ancient Greek doctrines of rule by man to its modern conception distinct from rule by an absolute ruler. Formal theories developed by Dicey are criticized for being too narrow. Rule of law is linked to but not determined by democratic institutions and can be abused without protections for minorities. East Asian interpretations emphasize rule by law under the political leadership rather than individual rights. Ongoing debates examine relationships between legal orders and political realities.

1. THE MANY MEANINGS OF THE
RULE OF LAW

2. Introduction
• The rule of law is one of the pillars of modernity and widely
considered necessary for sustained economic development,
implementation of democracy and the protection of human
rights.
• The rule of law has a history and one of the features of the
history is the manner in which the concept has been re-
interpreted over time according to Mason 1995; Shapiro 1994;
Shklar 1987.
• Those expression may referred to the doctrine, which some
may say it is an ideology about how the government acts.
• This refers to the constitutional government instead of
democratic government.

3. • This may conveys various versions of the term and meanings.
• It deals with the relationship between the doctrine and legal
institutions and the relationship between the doctrine and the
idea of rule by law.
• All states in the region have written constitutions and all are
committed to ruling according to announced intentions of the
constitution.
• This does not mean that all constitutions are the same in terms
of textual or the political functions and expectations of the
constituting document.
• The fundamental point is the history, economic and political
systems of all states are shaped by their constitutions.

4. THE MANY MEANINGS OF
THE RULE OF LAW
1 • HISTORICAL EMERGENCE
2
• FORMAL THEORIES
3
• DEMOCRATIC INSTITUTIONS
4 • EAST ASIA

5. Historical Emergence:
From Rule by Man to the Rule of Law (Doctrine)
Based on Ancient Greek in the West, the best
form of government is rule by man such as
Plato's Philosopher King, or rule by law which
was initially regarded as second best option.
However it is later been recognised as the most
realistic option by Aristotle, who conducted an
examination of numerous Greek constitution
before coming to this conclusion.
The virtuous citizens in a virtuous society was
seen as a mean by which to rule rather than to
constraint on the king though in The Laws
Plato, the law should be the master of the
government to restrain potential depots.

6. Meanwhile, in political practice, law
existed to order and regulate human
affairs and to allow citizens to make
choices for transgression.
In short, despite doctrinal assertions that
the king was subject to the law4 and the
argument that no Prince should rule
without laws (Berman 1983: 292-4;
Marsilius of Padua 1967), the translation
of this idea into an institutional
arrangement whereby it might actually be
enforceable took several centuries, during
which there were notable reverses of
course, and also powerful'voices opposed
to limiting a sovereign, particularly a
monarch, by law (Hobbes 1968: 232).

7. Constitutional Practice
1
• Due to the prolonged political issue, common law legal systems of England
and America pride themselves on having devised the rule of law.
2
• According to England way of rule, the monarch was an absolute prince.
3
• Following a political and legal struggle in the seventeenth century which
included a civil war, the execution of one monarch and the overthrow and
exile of another, the English at last settled on a constitutional order that,
amongst other things, asserted rights over the king.

8. 4
• If one had to hazard a generalisation about this process it would
be that the political and legal culture that gives rise to, and
sustains the rule of law involved the considerable cultural shift
in Europe from feudalism to modernity, and that therefore
cultures are not static; nor can they be simply manufactured or
contrived at the demand of the government.
5
• Even the American case suggests that there is both a
considerable background to a constitutional document and also
that there is often a long period of evolution after the
constitution is made before the full emergence of constitutional
government takes hold in the society at large.

9. Formal Theories of
Rule of Law
The foundation of the famous formal theories of rule of
law owes a great deal to the famous English lawyer in
19th century, Albert Venn Dicey. The Dicey’s writings
about rule of law are both influential and enduring to the
legal committee especially judges as well as legal
practitioner.

10. In his view, he demands that the rule of law in England
involved a few institutional arrangements which stated :
No person is punishable except for a breach
of law in the ordinary manner before the
ordinary
There is no man above law, that every person
regardless of position or condition, is subject to
the ordinary law of the realm and amenable to the
jurisdiction of the ordinary tribunals, or equality
before the law and this excludes exemptions of
officials or others from duty to obey the law
which governs citizen.
The general principle of the constitution is
based on the decision made by the court
especially in determining the rights of the
individual specifically regarding the cases
brought to the court.

11. Dicey’s Critics
• The major problem of his formulation is that it is
narrowly English and failed to meet the abstract criteria
of variety legal system in England. He also assumed that
the law is relatively clear and fixed; whereas in fact this is
contradict with condition in England at that time. This has
been proven by the existence of a great congeries of
discretionary power in that country since sixteenth
century.

12. Dicey’s Critics
• The writers also stressed out that the later version of the
doctrine are formal, partly political, more facultative and
not substantive aspect of law. The theories are not
intended to be instrumental or conducive toward the
accomplishment of particular substantive goods. The law
itself also required to have a various form of formal
criteria

13. • Another problem with this view is that the theories did not
provide a way to distinguish between regimes that are
democratic and those who abuse the human right.
• In the formal sense, this model is compatible with a large of
political regimes including the regimes with the unjust and
discriminatory rules and law, such as apartheid South Africa
and even Nazi Germany.
• Such rules and order was not compatible with one of the
universalistic criteria of the modern world, which is equality

14. • The rule of law later has been a give a new substantive
twist when the United Nation insist on the adoption of
certain substantive arrangement to all aspect include
political which said to be universal and apply to all states.
• The writers finally in this section suggest that there should
be a standard or unless the government will continued to
treat the citizen according to their whim and this standard
should not be confused with description with a description
of legal and political realities for international standard
which have often been abused.

15. From The Rule of Law to
Democratic Institutions
• Every truly democratic government emphasis on the pluralistic
democratic politics rests upon the rule of law in order to keep a
government within bounds.
• However, there are two qualifications must be made:
• The democratic prevailing system can abuse the rights of
minorities by passing oppressive laws.
• Systems with non-discriminatory laws experience abuses of
power by individuals.
• This is not compliance to the records of best human rights and
military dictatorships which have been proven in the
developed democratic rulings.
• This shows that modern systems are not solely based upon the
law but as well as the political institutions and practices as the
central principles in the system.
• Example: Written constitution as a conflict between rule of law
and parliamentary sovereignty

16. Role as an Ideology
• The concept of the rule of law was criticised as an ideological mask:
• The rule uses the rhetoric of equality before the law and impartiality
to cover the underlying inequalities and exploitation.
• The ruling class had to accept the application of the rules, if not they
will risk the wholesale loss of legitimacy within a system.
• Hence, the risk to political rulers in using the rhetoric of legal rule
and equality will be deployed to press for real political accountability.
• This may be an attempt by the political leadership to bring their own
subordinates into the line and eliminate the arbitrariness which
functions with systems without rules.
• Nevertheless, these campaigns create demands to extend the rules
even higher to encompass the behaviour of the ruling class.
• In contrary, it should not be thought that the legal orders have existed
for very long time and was seen as an instrument of control for the
population while the ruling elite remains largely exempted.

17. Underlying Assumptions
• The political leaders do make mistakes.
• Majority of the rule of law acknowledge the large
aggregation of power is perilous/dangerous.
• The rule of law is that the public officials are aware and
will accept the legal limits on their power.
• The legitimacy comes from obeying the rule of law.

18. East Asia: Rule by Law
• East Asian states such as China acknowledge the rule by a
single man is considered as dangerous compared to rule by
law.
• Hence, the government should rule according to the recognised
laws rather than by mere personal rule.
• In spite of that, it is less interest in considering the senior
political leaders accountable for what they do as sometimes
they are effectively exempt from the law.
• Consequently, the problem on the relationship between one-
party rule and the rule by law remains unsolved.
• This is because the party should adhere to the law on one hand
but he is obliged to guide the state on the other hand.
• For instance, the Chinese senior leadership is effectively above
the law.

19. Moreover, there are several underlying assumptions of this
view:
• The society is not really plural but is rather a corporate
whole where the emphasis is based on unity and not on
diversity.
• The political leadership should prescribe a ruling ideology.
• The focus should be on collective responsibilities rather on
the assertion of individual rights.
• The criticism of the political leadership is significant to
criticism of the nation and its overriding interests and
lastly the law and its institutions is an instrument to control
the society and especially to remove the societal threats
occurred in the nation.

20. East Asia: Practice
• The significant differences between East and Southeast
Asia are in terms of the type of rulings, sophistication of
the legal order and levels of economic development
which do not always coincide.
• Therefore, the Philippines have a democratic political
system with a modern constitution (1986) but a backward
economy based on semi-feudal land holding practices.
• In fact, the rise of a law is based upon political system
which requires certain institutional supports such as The
Constitution by implementing and supporting the idea of
the rule of law.

21. • Some states in East Asia have made provision for other
forms of legal accountability and these institutions will
both extend the range of matters subject to external
review and deepen the institutional grip of the law.
• However, it was not implemented by all states.
• Additionally, the economic experience of 1997-1998 may
contribute to domestic tendencies and tends to induce
greater institutional reform.
• The individual rights are not traditionally prized within
systems and administrative review has been recognised as
desirable and eventually emerges in a number of East
Asian states.
• These developments indeed might lead to greater public
accountability.

22. Opinion The rule of law is more of an
ideal that we strive to achieve
but sometimes fail to live up
to.
Many societies, including our
own, have developed
institutions and procedures to
try to make the rule of law a
reality.
These institutions and
procedures have contributed to
the definition of what makes
up the rule of law and what is
necessary to achieve it.
Aristotle said more than two
thousand years ago, "The rule
of law is better than that of any
individual."
The notion of the “rule of law”
stems from many traditions and
continents and is intertwined
with the evolution of the history
of law itself.

23. Core principles of holding
government authority to
account and placing the wishes
of the populace before the
rulers, can be found amid the
main moral and philosophical
traditions across the Asian
continent.
Recent attempts to
formalize its meaning
have drawn on this
rich history of diverse
understandings.
The modern conception of the
rule of law has developed as a
concept distinct from the “rule
of man”, involving a system of
governance based on non-
arbitrary rules as opposed to
one based on the power and
whim of an absolute ruler.
The concept of rule of law is
deeply linked to the principle of
justice, involving an ideal of
accountability and fairness in
the protection and vindication
of rights and the prevention and
punishment of wrongs.
Long before the United
Nations, States were
working towards a rule of
justice in international life
with a view to establishing
an international
community based on law.

24. • One’s should not be taken the formal theories that has been
established by Dicey literally because it may not be
compatible in a modern society.
• Moreover, the formal theories which is begins with Dicey
view until the modern approach still shows a weakness.
• Thus, the rule of law should be review again so that it will be
compatible with the legal system of the twentieth century.
• The review of the formal theories should not merely focus
on the western countries but it should be compared with the
law in other country such as Middle East countries which
may have the different legal system from Western countries
so that we have a wider view of the theories.

25. • From the context of rule of law to democratic institutions,
the democratic prevailing system can abuse the rights of
minorities by passing oppressive laws.
• Thus, we suggested that the scope for seeking relief for
oppression among minorities should be practiced in the
democratic system.
• The proposed changes can be made by having Tribunals to
give the order to seek relief for oppression in a clearer
picture.
• The order is regarding the types of relief that can be taken
by the minorities in the case of oppression and
mismanagement within the democratic institution.

26. • For example, one of the protection of the right of the
minorities is provided under Section 397 and 398
Companies Act 1956 in order for the prevention of
oppression and mismanagement of the affairs of the
companies.
• The rule of minority emphasis on each person impliedly
gives consent to the will of the majority.
• Companies Bill 2011 provides the scope for seeking relief
for oppression under Clause 241 and the types of relief
provided by Tribunals was stated under a newly added
provision which is the Clause 245.

27. • The systems with non-discriminatory laws was said to have
experience abuses of power by the authorities.
• Hence, a person who holds a public office is responsible in
performing their statutory duty without exceeding their
authority.
• Therefore, they should exercise their duty in accordance with
discretionary power with reference to the rules of reasons and
justice and not according to their personal whims.
• Thus, such exercise should be legal and regular but not vague,
arbitrary and fanciful.

28. • Moreover, we agreed on the underlying assumptions from the
rule of law to democratic institutions where the political
leaders do in fact make mistakes.
• Political leaders should be held accountable for what they do
as they are expected to rule within the interests of the public
good and not merely based on their personal interests.
• However, the leaders of absolute monarch consider their
existence as essential and would subsequently impose attack
on political order resulted in subversion.
• Hence, reformation of leadership should be practiced
comprehensively within well-controlled manner in order to
avoid any indication of imminent harm.
• This can ensure a lawful advocacy of political change and a
peaceful revolution.

29. • We agreed on the fact of dividing and balancing the
various power of government by the executive has
contributed to the smooth rulings of government and can
avoid abuses of power by the authority.
• Hence, we opposed the assumption of China which
claimed that separation of power shows the weakness of
the government.
• Besides, we oppose the assumption where the rule of law
is that the public officials are aware and will accept the
legal limits on their power.
• The evidence shows the opposite side of it as the executive
will manipulate the law in order to get round judicial
rulings although under established legal orders.
• It has caused destructive effects on the public’s view
towards the nation legal system.

30. • Moreover, we agreed on the assumption where legitimacy
comes from obeying the rule of law.
• The system has the attained power by free and fair
elections.
• Credible elections are held in order to provide citizens
with the opportunity to build a strong and peaceful
democratic system.
• There are best practices in the electoral management and
sufficient capacity for improved elections implementation
are built.
• Furthermore, the state also recognises an autonomous
civil society which consists of various voluntary
organisations which the state does not interfere on their
operations.

31. • The relationship between one-party rule and the rule by law in
China both have their advantages and disadvantages.
• In our opinion, the government should rule according to the
recognised laws rather than by mere personal rule.
• Leaders are expected to rule within the interests of the public
good and not merely based on their personal opinion.
• This is because personal opinions are admissible if it is
rationally based on an individual's perceptions and it would not
constitute democracy.
• The rise of a law is based upon political system requires
certain institutional supports which involves a reference in the
constitution to the principle itself and the idea where the
constitution is the highest form of law.
• This idea is further supported by the existence of an
independent judiciary and by the laws regulating the political
and electoral process.

32. • The character of the personnel influences in the use of
accountability mechanisms as new legal institutions are
not implemented by all East Asian states.
• For instance, citizens of a more advanced ruling along the
way to democratic accountability will be more likely to
resort to institutional uses of accountability mechanisms.
• Consequently, other distinctive Asian measures towards
economically developed societies without political and
social liberalisation should to be considered in a
comprehensive manner in order to be implemented in the
future.

33. Conclusion
• It is correct to say that the Rule of Law is a "universal principle
of mankind“.
• It refers to the struggle for recognition of the inherent rights and
protection of liberties among the people throughout the centuries.
• Hence, the existence of the Rule of Law enables the people to
enjoy maximum liberty and judiciary since its development from
the rule by man to the democratic institutions.
• As a result, the Constitution has adopted this principle.
• It is often pointed out that the people in general still regard the
law as the order of the ruling authority.
• The Constitution was established in order to bind the
governmental power by the people because the Constitution itself
was given by a superior authority.