semester
Rule of law or nomocracy is the legal principle which states that the law should govern a nation. As opposed to the arbitrary decisions it primarily refers to the influence and authority of law within the society including the behaviour of government officials. The concept was well known to philosophers like Aristotle and it was popularized in the 19th century by A.V.DICEY. Rule of law implies that every citizen is subject to the law, including law makers themselves. This definition requires that there must be a system of laws—and law by its nature involves rules set forth in advance that are stated in general terms. A particular decision or an order made for an occasion is not a rule. The law must be generally known and understood.
The Oxford English dictionary has defined “Rule of law”:
The authority and influence of law in
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Despite the wide use by politicians, judge and academics the law has been described as an elusive notion. According to political theorist Judith N. shklar "the phrase 'the Rule of Law ' has become meaningless thanks to ideological abuse and general over-use", but nevertheless this phrase has in the past had specific and important meanings.
Dicey’s concept of Rule of Law contains three principles:
Absence of Arbitrary power or Supremacy of the law: No man could be punished by the authorities except for breaches of law. In other words, all government actions must be authorised by the law or government must act within its legal authority.
Equality Before Law: No man is above the law and everyone, whatever his condition or rank is subject to the ordinary laws of the land. Everyone will be charged equally and be subject to the same law courts. Governments and citizens will obey the same law and no specialty will be given to anyone.
The Constitution is the result of the ordinary law of the