Concept of rule of law
Rule of law is important part of british politics that right
must be determined by legal rules and not by arbitrary punishment.Law made by the government superior than law made by the men. Equality of law
Equality before law Uniformity of law.Thesis on rule of law first published in 1885. Dicey’s gave the exposition of rule of law. No arbitrary punishment. Equality before law Judicial decisions
Rule of law favours parliamentary sovereignty and enunciates
following principle.
Rule of law |
Essentials of rule of law
Following are the essential elements of rule of law. In a country having rule of law should include and declare
the supremacy of its laws. Rule of law protects the rights of general public
Rule of law prefers the equality of laws applicable in a
country. By the rule of law both the parties involved in a case are treated
equally before law. Rule of law ensures the supremacy of parliament as a law
making body. Every person has a right of personal freedom of his own
Parlimantary soverignity of rule of law
Rule of law depends on impartiality of decisions. Rule of law depends on freedom of essemblies and procession
to every person
This is rule of law that ministers are responsible for their
acts individually or collectively. Following are the exception to rule of law. Rule of law are used in the court. The court has decided the latest case laws. It is the precedent of the court.
i-
Crown:
ii-
Judges
of court:
iii-
Foreign
rulers:
iv-
Diplomatic
representatives:
v-
Aliens:
vi-
Justice
of peace:
vii-
Government
servant:
Blind law |
Knife can be used to cut a fruit or a throat rule of law
applies the same concept.The purpose of rule of law. Whole state must be regulated by the law. Rule of law and principle of natural justice are corelated to
each other such as No
one should be condemned unheard No
one should be judge in his own cause Reasonable
decision.Community is based on law rather than anarchy
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