3. Introduction
“The term rule of law derived form French
phrase”- “La Principle de legality”.
This mean government based on principle of law
not of man.
It is opposite to arbitrary power.
Rule of law is fundamental doctrine of
democratic system.
Law is supreme over all.
The “rule of law” is widely embraced at the
national and international levels without much
precision as to what the term means.
4. At national level, it requires a government of
laws, the supremacy of the law, and equality
before the law.
Strengthening a rule-based international system
by applying these principles at the international
level would increase predictability of behavior,
prevent arbitrariness, and ensure basic fairness.
For the Council, greater use of existing law and
greater emphasis on its own grounding in the
law will ensure greater respect for its decisions.
5. Rule of law means
Rule according to law
Rule under law
Rule according to higher law
6. Basic element of rule of law
To ensure the rule of law , we need the
following element in the nation :
1) Equality and equity
2) Periodic election
3) Democracy and human right
4) Good governance
7. Need of rule of law
Peace and stability
Supremacy of law
Promotion of social justice
Promotion of equality
End of impunity
8. Obstacles in the promotion of
rule of law
1. The trend of interpreting the law looking
after own desires
2. Corruption and abuse of authority
3. The tendency of seeking rights without
fulfilling one’s duty.
9. Measures to promote rule of law
♫ Formulation of inclusive laws
♫ Interpretation according to the real spirit of
the law
♫ Implementation of the decisions of judicial
bodies
♫ Expansion of civic education against
corruption
10. A.V Dicey
The French philosopher A.V Dicey describes
some point about the rule the rule law which is
considered the basic foundation of rule of law.
These are Equality before the law, impartial
judiciary; everyone is subject to the law.
The rule of law is a political principle the classic
exposition of which is in Dicey law of the
Constitution.
He also identified three principles which
together establish the rule of law.
11. Principles
1) The absolute supremacy or predominance
of regular law as opposed to the influence of
arbitrary power;
2) Equality before the law or the equal
subjection of all classes to the ordinary law of
the land administered by the ordinary courts;
3) the law of the constitution is a consequence
of the right of individuals as defined and
enforced by the courts.
12. Everyone is subject to the
law
A just legal system has rules, and principles
that are understood by those applying them.
There is machinery for applying the rules.
There rule apply to all person, no-one should
be above the law, and all people should be
treated equally.
As Lord Denning said, "Be you ever so high
the law is above you. ”
13. Equality before the law
Everyone should be treated the same
irrespective of wealth or position, gender, colour
or race.
Not only should they be should they be treated
the same by the police but sentences should be
the similar for similar crimes.
According to UDHR 1948 ‘all are equal before
the law and are entitled without any
discrimination in violation of this Declaration and
against any incitement to such discrimination’.
14. Impartial judiciary
The independence and impartiality of the
judiciary is essential and the main way in which
the citizen is protected from dictatorial
government.
However, this says nothing of the substance of
the rule, which are to be administered and
applied.
They may be considered t be unjust, wrong or
immoral.
The positivist looks to the process by which law
is made.
15. Characteristic
A concept of justice which emphasizes
interpersonal adjudication, law based on
standards and the importance of procedures.
Restrictions on the exercise of discretionary
power.
The doctrine of judicial precedent (common
law system)
Legislation should be prospective and not
retrospective
An independent judiciary
16. The exercise by Parliament of the legislative
power and restrictions on exercise of
legislative power by the executive.
The supremacy of law, which means that all
persons (individuals and government) are
subject to law
An underlying moral basis for all law.
17. Four principled according to
World justice project
The government and its officials and agents
as well as individuals and private entities are
accountable under the law.
The law are clear, publicized, and stable and
just, are applied evenly, and protect
fundamental rights, including the security of
persons and property.
18. The process by which the laws are enacted,
administered and enforced is accessible, fair
and efficient.
Justice is delivered timely by competent,
ethical, and independent representatives and
neutrals that are of sufficient number, have
adequate resources, and reflect the makeup
of the communities they serve.
19. Case of Gouriet V Union of
Post Office Workers and
other.
The law should be applied without fear or
favor, malice of ill will, or prejudice, bias or
fear from others, particularly the powerful.
This means there must be an independent
and impartial judiciary.
According to UDHR 1948 “everyone has the
right to recognition everywhere as a person
before the law.”
20. Factors of world justice
project
1) Limited government power
2) Absences of Corruption
3) Order and Security
4) Fundament Right
5) Open Government
6) Regulatory Enforcement
7) Civil Justice
8) Criminal Justice
9) Informal Justice
21. Rule of law: under Nepalese
Constitution
Supremacy of constitution- “preamble full
commitment to democratic values and norm
including the competitive multi-party
democratic system of governance, civil
liberties, fundament rights, adult franchise,
periodic election, complete freedom of the
press, independence of judiciary and concept
of rule of law. ”
22. Equality before law
Equal protection by law
Not to be punished for an act which is not
punishable by law
No person shall be deprived of his or her
personal liberty in accordance with law
No law shall be made which provide for death
penalty
Impartial and independent judiciary
Judicial review
23. Right to constitutional remedy
Free legal aid
Right to consult with legal representative
Effective implementation of constitutional
and legal provision
Committed to people
Good governance
Simple and speedy justice
24. Conclusion
The rule of law is the principle that
government authority is legitimately
exercised only in accordance with written,
publicly disclosed laws adopted and
enforced in accordance with established
procedure.