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A Critical Analysis Of The Doctrine Of The Rule Of Law




Rahul Singh, LLB, Campus Law Centre, Faculty of Law, University of Delhi, Pursuing LL.M. (Babasaheb Bhimrao Ambedkar University, Lucknow, U.P), &

Jitendra Kumar Gautam, B.A. LL.B from Lucknow University, Pursuing LL.M. (Babasaheb Bhimrao Ambedkar University, Lucknow, U.P)

INTRODUCTION: RULE OF LAW

Justice according to law reflects the 'rule of law' and not the 'rule of men'. Justice and power must be harmonised so that whatever is just may be powerful and whatever is powerful may be just.

"Justice without power is inefficient; power without justice is tyranny. Justice without power is opposed because there are always wicked men. Power without justice is soon questioned. Justice and power must therefore be brought together so that whatever is just may be powerful, and whatever is powerful may be just."

The concept of “Rule of Law" is the foundation of the modern democratic society. The concept of Rule of Law plays an important role in the establishment of justice. Rule of law consists in giving to every man his own. Justice, benevolence and freedom from oppression or depression is the watchword of a good state. Justice seeks to be good. Justice tries to provide rules The ultimate object of every legal system is to secure justice. According to Salmond, justice of reason for men to follow, so that the same may lead to the highest good of all concerned. 'Live well, and let die' is the aim of justice. It is not the justice of the jungle, but the justice emanating from the moral or natural law in consonance with the social and rational nature of man. Justice really involves doing good not only to human beings but to all that is good in nature. Justice is what is ideal, what is beautiful and true and of the most proper type.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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