What is rule of law?

What is Law?

Before we understand the rule of law, we need to understand - What is law?

The definition of Law-  In a situation where an object or person acts consistently under particular circumstances, exhibiting regularities of behaviour, is known as a law. It can also be stated as the LAW IS THE characteristic of a situation where an object or individual behaves uniformly under specific conditions, indicating regularities of behaviour. Law is responsible for all orderliness in the universe and society.

What is rule of law?

The concept of a rule is very old and ancient, and the rule of law is a result of centuries of struggle by people to get their basic rights recognised. The Greek philosophers Aristotle and Plato debated the idea of the rule of law in antiquity around 350 BC, so you can now appreciate how old this idea is. According to Plato, if the rule of law is subject to any law, then it is worthless and the idea of a state will be destroyed. However, if the law is the master of the government and the government serves the law, then the idea of a state will function properly and people will be able to exercise their rights.

According to Plato the meaning of rule of law is that it is supreme in nature and nobody is above the law.

Aristotle has written that law should be the final sovereign of the state.

The notion of the rule of law is the idea that both the government and the populace are aware of the law and follow it. 

A good definition of rule of law can be stated -

1. That the rule of law should be respected by all parties/people/stakeholders, including the government and, 
2. that, people, should be able and willing to follow the law, so it should be written accordingly.

The term "rule of law" refers to a governance principle that must be upheld in order for it to exist: (a) the law of the land must be properly communicated to the people so they are aware of how it will affect them; (b) laws must be general in nature so that all citizens are subject to them; there must be no separate laws for any particular group of people; (c) no law may be applied retroactively; (d) the power of governance must be exercised.

                                                                The main principles of the rule of law are: citizens should only be punished for breaking the law; official status should not shield a person from the application of legal sanctions, and government should not be arbitrarily conducted but rather through the channels authorised by legislation and passed in the proper form.

Dicey's concept of the rule of law:-

Dicey is one of the well-known jurists of England and he has written a famous book “Introduction to the Study of the Law of the Constitution (1885)”.

Dicey's concept of the rule of law can be best understood by the principle on which it is based. His doctrine could be interpreted in three meanings.

1. Supremacy of law.
2. Equality before the law
3. The predominance of a legal spirit.

Interpretation of 1st i.e. the Supremacy of the law - Dicey defines the term "rule of law" as the total dominance or supremacy of conventional law as opposed to the effect of arbitrary power or broad discretionary power. It implies that the existence of government arbitrary behaviour is excluded. This essentially means that a man cannot be detained, punished, or lawfully forced to suffer in his body or his property unless he has gone through a fair legal process and violated a rule of law that was created in accordance with the conventional legal procedure before a regular court of law.

Interpretation of 2nd i.e. Equality before the law - Dicey said that in order for all classes to be equally subject to the ordinary law of the land as it is applied by the ordinary law courts, there must be equality before the law. Dicey thought that excluding government employees from the jurisdiction of regular courts of law and giving them access to special tribunals was the antithesis of equality. According to him, any interference with the courts' authority and any restrictions on the subject's unhindered access to them will inevitably put his rights in jeopardy.

Interpretation of 3rd i.e. The predominance of a legal spirit - Dicey noted that whereas many other nations have written constitutions that protect rights like the right to personal liberty, the right to be free from arrest, the right to organise public assemblies, etc., this is not the case in England. In England, those rights are the outcome of court rulings in specific instances where the parties were genuinely involved. As a result, he highlighted the function of the legal system as a guardian of liberty and made the argument that the rights would be better guaranteed if they were upheld in court rather than just being stated in a document.

Merit and Demerits of the Dicey Concept

    Merits:

1. Aid in establishing restrictions on the authority of administrative authorities.
2. A significant part in the development and acceptance of administrative law.
3. Serves as a yardstick for evaluating administrative action.

    Demerits: 

1. Even then, not everyone agreed with his theory.
2. He missed the distinction between arbitrary and discretionary power.
3. He misinterpreted the Droit administration idea, which was effective in France.

Conclusion:

In layman's terms, the rule of law states that laws must be plain and explicit, publicly announced and known to everyone, and equally applicable to all. However, it does not entail that all citizens have the same rights and obligations. The example of traffic regulation may serve as an illustration of this. Although the legislation applies equally to all users of the road, streamlining traffic according to the type, size, and speed of each vehicle is still possible. Every road user in this situation must completely understand the rules of the road, including which side or lane to take, how to give way to quicker traffic, how to pass slower traffic, where one is authorised to turn, slow down, or halt, and other considerations. Police cars, ambulances, fire trucks, and other emergency vehicles may even be given priority over ordinary vehicles as long as they put up the required warning signs and make the appropriate announcements.