Anupama Sajan, Central University of Kerala
INTRODUCTION
The rule of law is defined in the Black’s Law Dictionary as “A legal principle, of general application, sanctioned by the recognition of authorities, and usually expressed in the form of a maxim or logical proposition. Called a “rule”, because in doubtful or unforeseen cases it is a guide or norm for their decision.”
Every society despite any other principles carries the rule of law. No ordered society can exist without a piece of rule of law. Every conduct of man is regulated by a code called law and when we allow the law to be the sovereign that is the very simplest meaning of rule of law. The concept of rule of law was of English origin. But it has been discussed by Greek philosophers like Aristotle and Plato several times. It was when 350 BC they discussed the concept that made it clear how old the concept of rule of law was.2 Plato thinks that no State can exist without following the rule of law. That is if there is no essence of rule of law State can’t make its citizens obliged to discharge their duties upon State. Per this conception, Plato sees rule of law as an effective tool to regulate and control human conduct, ultimately resulting in civilized societies. The rule of law concept has various dimensions. It may differ according to the view of the interpreters of this principle. Somewhat many philosophers equate rule of law with fairness, justice, and equality concepts.2 The concept of rule of law has been defined in many cases by eminent jurists. Lord Denning is one among them who always highlighted the importance of rule of law. In Gouriet V Union of Post Office Workers (1978) Lord Denning held that the law of the land is equally applicable to all whether he is a layman or noble person. Irrespective of the status of the individual, everyone should be subjected to rule of law.3 And now let’s discuss the wide ambit of rule of law and how it is shaped along with other supporting principles. Also, through this article, I would like to make a comparative study on the application of rule of law principle in different countries.
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