The Rule of law | Explained Definition and Benefits

The Rule of law | Explained Definition and Benefits.

The Rule of law. In earlier times certain classes and individuals possessed special privileges and were judged by a special law. The modem view is to apply the same law over all persons in the State and to give all persons equal rights and privileges for the protection of their human liberties. Democracy can remain only in a society of equals.

What are the benefits of the Rule of Law?

It has many benefits –

01. It protects the liberty and rights of citizens.
02. It creates an atmosphere of peaceful living.
03. With true education enhances the caliber of citizens, legislators, and voters, thus enabling them to maintain Rule of Law free from its defects and designs of self-seeking persons.

What are the three Rules of Law?

The three Rules of Law:

The concept of equality of all persons before the law is the basis of what is called the Rule of law. The Rule was summarized by Dicey as follows:

01. It states that “no man is punishable or can. be lawfully made to suffer in the body of goods excepts for a distinct breach of law established in the ordinary legal manner before the ordinary courts.” In other words-

a) There must be the supremacy of law.
b) No one shall be punished except for a definite breach of law.
c)The breach of law must be proved in a duly constituted court of law.

No citizen can be arrested or imprisoned, unless he violates specifically and the law of the country in force and is accused of a charge by the court. Thus the rule of law implies equal protection of the law.

02. In the second place, Rule of law means that “no man is above law”. Every man whatever his rank or condition, is subject to the ordinary law of the state and amenable to the jurisdiction of ordinary tribunals. What are law- legal right and legal obligation for me- must hold equally as such for all citizens.” In other words, Rule of Law means-

a) equality before the law,
b) every citizen is subject to the ordinary law of the land and
c) the citizen has to face trial in the same law courts, irrespective of his status or position in the society.

03. In the third place, the Rule of Law is the result of statutes and judicial decisions determining the rights of private persons. Thus the constitutional law of the country follows from the ordinary law of the land.

Criticism:

Three principles, which dicey described in relation to the Rule of Law, have been criticized by many jurists. The main criticisms are:
1. The emergence of Administrative Law,
2. Economic Inequalities and
3. The supremacy of the Legislature.

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