Rule of Law: In Practice and Theory

Anjali Kumari, Law College Dehradun, Faculty of Uttaranchal University

INTRODUCTION

Every civilized society forms certain rules which determine the common good for all. In this determination of good for all, it becomes important to study about the postulation of “ Rule of Law “.The observation can be dealt both in the negative and positive assertion, where the concept of rule of law cannot be determined so concretely, it has strived its way through many civilizations forming different code at different times1. As the, name suggests itself it postulates that a society is organized in the form of law which is supreme among every individual, even for the head. Every action of individual and state is guided in the light of law, which is constant for all. Rule of law can also be compared to Kelsen’s theory of grundnorm as it is treated above all. Rule of law is antithesis to rule by law and rule by men, because in latter it guided by the power of a single entity which may at a time be corrupt. Rule of law in a simple term can be understood as type of governance system where individuality is maintained in consonance with common good.

It can be evaluated to be an essential requirement of rule of law for it’s effectiveness to have an honest and a devoted body of public servant to carry the welfare prospectus of a civilization2. Rule of law is directly associated with democracy , principles of freedom, equality, non-arbitrariness and is certain, regular and predictable, using the word “law” in the sense of “jus” and “lex”3.