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The Meaning And Constitutional Significance Of The Rule Of Law

2130 words - 9 pages

The Meaning and Constitutional Significance of the Rule of Law

The rule of law means different things to different people. The
meaning of the rule of law is a state of order in which events conform
to the law. The rule of law often is stated to be one of the
fundamental doctrines of principle of the UKconstitutional. Generally
it has been seen as a characteristic feature of western liberal
democracies. A widely-assumed meaning of the "rule of law" is that of
peaceful resolution of disputes within the citizenry based on law
rather than force. Facilitating such a rule of law is a fundamental
role of government.

The rule of law implies that government authority may only be
exercised in accordance with written laws, which were adopted through
an established procedure. The principle is intended to be a safeguard
against arbitrary rulings in individual cases.

According to Dicey, the rule of law is one of the fundamental
principles of The English constitution; he gave three meanings of the
concept of rule of law. Dicey summarized the rule of law under three
captions.

Primarily- Absence of Arbitrary Power or Supremacy of Law

"No man could be punished or lawfully interfered with by the
authorities except for breaches of law. In other words, all government
actions must be authorized by law." (Reference in bibliography)

Dicey states that rule of law means the absolute supremacy or
predominance of regular law as opposed to the influence of arbitrary
power or wide discretionary power. According to him Englishmen were
ruled by the law and by the law alone; a man with us may be punished
for breach of law, but can be punished for nothing else. In this sense
the rule of law is contrasted with every system of government based on
the exercise by person in authority of wide arbitrary or discretionary
powers of constraint.

Secondarily - Equality before Law

"No man is above the law and everyone, regardless of rank, is subject
to the ordinary laws of the land." (Reference in bibliography)

Rule of law, in the second principle, means the equality of law or
equal subjection of all classes to the ordinary law of the land
administered by the ordinary law courts. In this sense rule of law
conveys that no man is above the law; that officials like private
citizens are under a duty to obey the same laws, and there can be no
Special court or administrative tribunal for the state officials.

Finally - Constitution is the result of the ordinary law of the land

"There is no need for a bill of rights because the general principles
of the constitution are the result of judicial decisions determining
the rights of the private person." (Reference in bibliography)

The rule of law lastly means that the general principles of the
constitution are the result of judicial decision of the courts in...

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