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RULE OF LAW RULE OF LAW

Bronze medal Reporter Dewanshi Gupta( law student) Posted 27 May 2020
RULE OF LAW

RULE OF LAW

It emphasizes the concept that the government can't run in its own way as they want but it has to follow some principles of rule of law. The concept is originated by Edward Coke and  the theory is later  developed by A.V. DICEY in  the book " INTRODUCTION TO THE LAW OF CONSTITUTION "
It is the fundamental concept of BRITISH CONSTITUTION. 

THREE PRINCIPLES UNDER RULE OF LAW :

1) SUPREMACY OF LAW

It means that law is supreme and everything is governed by law. In a leading case it was laid down by the Honourable Supreme court that the rule of law is the part of the basic structure of the constitution.

2)No MAN IS ABOVE LAW

It means that it doesn't matter how much superior a person is but under the principle of rule of law, the law is the superior one and everyone is below the authority of law. It means that all are equal in the eyes of law. Its emphasis on A - 14 of the constitution which talks about equality of law

3) PREDOMINANCE OF LEGAL SPIRIT  

CONSTITUTIONAL RIGHT ARE THE RESULT OF JUDICIAL DECISIONS.

In ENGLAND there is no written constitution and the source of law is judicial decisions not the constitutional rights. But in India the source is the constitution, its written constitution. It means that our rights have been recognized by the constitution. In INDIA the government has to follow the constitution, which is the supreme law of the nation. 

Professor DICEY said that there should be no discrimination and injustice in law. If the rule of law will not there, then it can lead to a situation of chaos and lawlessness.  The motive behind developing this principle is that the ruler should be under the law. The law should be the same for all irrespective of power and money. 
This concept as developed by professor DICEY is a good concept, as it promotes equality among people. 

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