Presentation on Rule of Law

7/25/2019 Presentation on Rule of Law

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NAME RITIKA RITU

REGD. NO. 1141844001

YEAR 2011-2016

PRESENTATION ON RULE OF LAW


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RULE OF LAWIn questions of power, then, let no more be said of

confidence in man but bind him down from his own

mischief by the chains of the Constitution


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Defii!i"

Rule of law is the supreme manifestation of human

civilization and culture is a new lingua franca of global

moral thought! It is an eternal value of constitutionalism

and inherent attribute of democracy and good governance!

"he term Rule of #aw is derived from the $rench phrase

la principle de legalite %the principle of legality& which

refers to a government based on principles of law and not

of men!


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Rule of law is a legal principle that law should govern a

nation, and not arbitrary decisions by individual

government officials!

In simple words men are ruled by law and not by men!

It primarily refers to the influence and authority of law

within society, particularly as a constrain upon behavior,including behavior of government officials


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#ISTORY OF RULE OF LAW

' principle that itself is quite old and long predates the (nited

)tates, the rule of law is the general concept that government as

well as the governed are sub*ect to the law and that all are to be

equally protected by the law! Its roots can be found in classicalantiquity!

In (+, )ir dward co-e is said to be the originator of this

concept, when he said that the -ing must be under the god and law

and thus vindicated the supremacy of law over the pretensions of

the e.ecutives!

In India, the concept of Rule of law can be traced to (panishad! It

provides that the law is the -ing of -ings! It is more powerful and

rigid than the -ings!


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DI$EY%S $ON$EPT

In his boo- #aw / the Constitutionpublished in the year 0112, 3icey

attributed 4 meaning of Rule of #aw5

0! )upremacy of law

6! quality before the law

4! 7redominance of legal spirit


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$&i!i'i() !" Di'e*%( R+,e "f ,

3iceys first principle %supremacy of regular law asopposed to the influence of arbitrary power& has been

seriously challenged, due to the proposition that the

rule of law e.cludes even wide discretionary authority

by the government!

3iceys second meaning stresses the equal sub*ection

of all persons to the ordinary law! 8hat a

constitutional guarantee of equality before law mayachieve is to enable legislation to be invalidated

which discriminates between citizens on grounds that

are considered irrelevant, unacceptable or offensive!


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3iceys third meaning of the rule of law e.pressed a

strong preference for the principles of common law

declared by the *udges as the basis of the citizens

rights and liberties! $irst, fundamental liberties at

common law may be eroded by 7arliament and thusacquire a residual character! )econdly, the common

law does not assure the citizens economic and social

well9being! "hird, while it remains essential that legal

remedies are effective, there is value in a declarationof the individuals basic rights and in creating *udicial

procedures for protecting those rights


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E((e!i,( "f R+,e "f L

/ A#ORREN$E OF ARITRARY POWER

/ EUALITY EFORE T#E LAW

'/ A FORMAL3 RATIONAL $OURT SYSTEM

/ 5UDI$IAL INDEPENDEN$E AND SEPARATION OF

POWERS


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F'!"&( "f R+,e "f L

Rule of #aw is a system where the following

principles are upheld5

0! Constraints on :overnment 7owers

6! 'bsence of corruption

4! ;rder and )ecurity

2! ;pen :overnment

=! Regulatory nforcement>! Civil and Criminal ?ustice

1! Informal ?ustice


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$")&i7 Diffe&e! $"+!&ie(

In ()', rights are e.pressly mentioned and hence Rule of #aw

e.ists!

$ollowing the philosophical and political thoughts of ?ohn #oc-e and

"homas ?efferson, the law of the (nited )tates incorporates the most

radical principles of individualism and liberty ever -nown to man!

"hese principles, proclaimed in the 'merican 3eclaration of

Independence, were inserted in the 7reamble of the (!)! Constitution

and provide that people have certain fundamental and inherent rightssuch as life, liberty, property ownership, and the pursuit of happiness!

"hese rights have been endowed by nature and :od, and not by

government!


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In (+, ?udge made law, evolved and the principles of

rule of law are recognised by the Courts!

"he root of development of Rule of #aw is tracedbac- in the :reat Charter ie @agna Carta!

8inston Churchill concludes that Aow for the first

time the -ing himself is bound by the law!

"here is a law which is above the -ing and which

even he must not brea-! "his reaffirmation of a

supreme law and its e.pression in a general charter is

a great wor- of @agna CartaB and this alone *ustifiesthe respect in which men have held it!


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In India the term Rule of #aw is not used in the Indian

Constitution anywhere! "he term is though frequently

used by the Indian Courts in their *udgments!"he fundamental rights embodied in the Indian

constitution in terms virtually identical term to the

universal declaration of human rights act as guarantee

that all Indian citizens can and will lead their lives inpeace as long as they obey the law!

India has a written constitutionB a body of laws,

subordinate to the constitution, dealing with varioussub*ectsB rules and regulations, e.ecutive instructions

/ Conventions! 'll these may be broadly termed as

law and their operation to sub*ect population is the

Rule of Law.


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P&""f "f ei(!e'e "f R+,e "f L i Ii

7roof5)eparation of powers

$undamental Rights

?udicial Independence

?udicial review

quality :uarantee / 7rotection of uman Rights


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5UDI$IAL ANALYSIS

In Murray v. Hoboken Land3 "he (!)! )upreme Courtheld in 0122, that in order to determine whether a

process is due process the first step is to e.amine the

Constitution itself, to see whether this process be in

conflict with any of its provisionsInSolesBee v. Balkcom,it was held that 3ue process is

violated if a practice of rule offends some principle of

*ustice so routed in the traditions and conscience of ourpeople as to be ran-ed fundamental! 44D (!)! D, 0=

%0D2E&!


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In Ii& G9i :. R; N&i3

'rticle 46D9' was inserted in the Constitution under

4Dth 'mendment, which provided certain immunitiesto the election of office of 7rime @inister from

?udicial Review! "he )upreme Court declared 46D9'

as invalid since it abridges the basic structure of the

Constitution!

In '9 Si79 : Ui" "f Ii

Fhagwati ?! said rule of law e.cludes arbitrarinessand unreasonableness!


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In Ke(: 9&!i : S!!e "f Ke&, 3

)cope of Rule of #aw has been e.panded in ?udiciary

in this landmar- *udgment which held that Rule of#aw is a part of basic structure of the Indian

Constitution and therefore it cannot be abrogated or

destroyed even by the 7arliament!

InD.S Nakara v. union of India, in this case supreme

court said that Rule 4< of the central services% pension&

rules, 0D>6 as unconstitutional on the ground that the

classification made by it between pensioners retiringbefore a certain date and retiring after that date was

not depend upon the any rational principal it was

arbitrary and the infringement of article of article 0< of

Indian constitution law!


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$ON$LUSION

8ith the above analysis of the concept in (+ as well as in India it can

be concluded that the 3iceys Concept of Rule of #aw is idealist in

Aature which is quite impossible to implement in the nation li-e India!

'ccording to 3iceys theory *ustice must be done through -nown

principles of law and not by principles of men! e believes that where

there is discretion there is always a room for arbitrariness!Fritishers imposed so called rule of law concept in its colonies not

with an intention to impart *ustice but to ruin colonies by passing

oppressive laws! "oday, we need the rule of law for punishing

deviations and lapses from the code of conduct and standards of

behaviour which the community spea-ing through its representatives

has prescribed as the law of the land! "o curb and control that brute

and to prevent the degeneration of society into a state of tooth and

claw, what is required is the Rule of #aw!

Documents

Presentation on Rule of Law