J. Nissha, School of Excellence n Law, The Tamil Nadu Dr. Ambedkar Law University, Tamil Nadu, Chennai
ABSTRACT
Although administrative law is a separate area of law and a subject of academic study, it has established itself as a "responsible" field of study for law students and practitioners over the past few decades. The people of England therefore used Dicey's Concept of Rule of Law as a weapon against the expansion of administrative law in recognition of its independent existence. Our contemporary democratic society is based on the idea of "Rule of Law."
This term is not defined in the Indian Constitution, but the Indian Judiciary frequently uses it in their rulings. Rule of Law is not a "rule" or "law," but rather a "state political morality" doctrine that strives to maintain a "correct balance" between the "rights" and "powers" of individuals and the state in order to create a free and civil society. People have been fighting for centuries to have their inherent rights recognized. The primary goal of this paper is to provide a comprehensive analysis of "Rule of Law," including its origin, characteristics, position in the United States Constitution and Indian Constitution, fundamental principles, and exceptions. As a result, the paper has finally reached a conclusion. Several books, journals, and articles were consulted and considered while writing this research paper. The internet has also been helpful throughout this process. As a result, the Doctrinal Research Methodology produced this paper.
Keywords: rule, law, state political morality, correct balance, rights, powers
Comments