Rule Of Law Essay

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The rule of law does not have a precise definition. Often, the term operates as a catch-all for other conceptions of which the relevance to philosophical and political theory is hard to define. Yet at the same time, it is difficult to find out what the cash value of the concept is in helping to understand how best to fashion human relationships. It has been viewed in very diverse ways. One central clue to the meaning of the ‘rule of law’ is that it requires that there be some sort of rules. The rule of law in its most basic form is the principle that no individual is above the law and everyone must answer to it. The major legacy of the Constitutional system is that the rule of law is viewed as a doctrine that no individual stands above the law, and that all rulers are answerable to the law. The rule of law is a theory of governance relying upon a series of legal and social constraints designed to encourage order and to prevent arbitrary and unreasonable exercise of government powers. The rule of law is one of the most challenging concepts of the constitution. It is also the most subjective and value laden of all constitutional concept. The concept of rule of law is, however the content may be, one of the basic principles of the English Constitution. 1.1 Concept of the rule of law: The term 'Rule of Law' is derived from the French phrase 'La Principe de Legality' (the principle of legality) which refers to a government based on principles of law and not of men. In this sense the concept of 'La Principe de Legality' was opposed to arbitrary powers. The rule of law is old origin. In thirteenth century Bracton, a judge in the reign of Henry III wrote- "The king himself ought to be subject to God and the law, because law makes him king... ... middle of paper ... ...ies are liable to be sued in the courts of law in the country when they infringe the rights and liberty of the individual citizens. The only exception is that of the President of the Republic who cannot be sued for actions taken by him or in his name. In such case the government can be sued by the individuals and article 146 of the Constitution clearly states the position. 3.2 Equal protection of law: Article 27 of the Constitution prohibits discriminatory laws and actions by the government and public functionaries. All laws which provide for or permit discriminatory treatment are void in view of the provision of article 26 of the Constitution. Article 27 requires that no person or class of persons shall be denied the same protection of laws which is enjoyed by other person or class of persons in like circumstances in their lives, liberty and pursuit of happiness.

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