The Rule of Law means that the government officials and citizens are bound by and abide by the law. The entire article revolves around the concept of the Rule of Law. The Rule of Law is very important for the legal functioning of the government in contemporary world. The government that abides by it is seen as good and worthy of respect. The Rule of Law requires a system of laws in which laws must be universally known and understood, requirements cannot be impossible to meet, equally applied to everyone and institutions to enforce rules when breached.
Now coming to characteristics, firstly, government is limited by law, now the question arises how the creator of law be bound by law. This leads to a number of difficulties so to solve this government is partitioned structurally, the judiciary holds other parts answerable on legal grounds.
Secondly, formal legality, it requires what rules are there and how they operate. In liberalism, formal legality enhances liberty of action and in capitalist economy, laws with qualities of generality, equality of application help market transactions. But there are three limitations these are, problem of over and under inclusiveness, compatible with regime of laws with inequitable content, not appropriate or socially beneficial.
Thirdly, The Rule of Law, not man, as it is clear from the statement rule of law is preferred over man. But this idea has been dogged by the fact that laws are not self-interpreting so the solution to this problem is also the judiciary, subjective individual is replaced by objective judge.
Each of these concepts has a historical tracing, firstly, the monarchs were restrained by laws in three ways, they explicitly affirmed the law one example, King John signing Magna Carta, they widely understood to operate within a framework of laws and they carried on routine affairs within a legal framework. Secondly, as Hayek said people should know in advance which actions will expose them to risk by sanction by the government. Lastly, neither Plato not Aristotle saw Rule of Law as best possible system. Plato believed in rule by wise men but even with this view they recognised Rule of Law because the power to rule over others has the potential for abuse and corruption.
Hence, these historical roots support these ideas even today. All Rule of Law systems, even those which are admirable have their failings and exceptions and flaws. But any nation must ensure that when the government exercises coercion against the citizens in accordance with standing laws they must ensure that the government is answerable in court for its action. Everything else aside, this lies at the heart of the Rule of Law. The populace must believe that the law reflects their values and serves their interests, trust in law must be earned for each generation, over and over again.
It is not that the Rule of Law has no one meaning but it has no one manifestation. There are ample of ways to how different countries manifest this concept- how they instantiate a society and within each society the implication of the Rule of Law systems and how it works in daily life. The democracy should be included as democracy making the government as well as the government organs accountable including judiciary which is a very integral part of the Rule of Law.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
Do follow me on Facebook, Twitter Youtube and Instagram.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com
We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.