Short Essay on Rule of Law – Arbitrary power is today resented and feared in States which retain their faith in a democratic government. In a democratic society, most people understand by “Rule of law” a state of affairs in which there are legal barriers to governmental arbitrariness and legal safeguards for the protection of individual and procedural and legal transparency.
Thus Rule of law implies absolute supremacy or predominance of regular law. It assures that an individual can ascertain with reasonable certainty what legal powers are available to the government if his private rights are infringed or affected.
The concept of rule of law as formulated by A.V Dicey in the 19th century explained it as inconsistent with arbitrary or wide discretionary authority on part of the government.
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It also implies equal subjection of all classes to the ordinary law of the land as administered by the ordinary law courts. It does not exempt the officials and others from the duty of obedience to the law which governs other citizens or from jurisdiction of ordinary tribunals.
The Preamble to the Charter of United Nations provides “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained” The Universal Declaration on Human Rights also states that “… it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, the Human rights should be protected by the rule of law…”
The concept of rule of law is closely associated with the principle of justice and governance, ensuring accountability, answerability and fairness in the protection and enforceability of rights and the prevention and punishment of wrong.
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It applies both at the national and international level. It entails no one is above the law and its essential features include supremacy of law, concept of justice, absence of discretionary power, doctrine of precedent, independent judiciary and exercise of legislative power by the Parliament and restrictions on exercise of legislative power by the executive.