The idea of the rule of law can be traced back to at least the time of Aristotle who observed that given the choice between a king who ruled by discretion and a king who ruled by law, the later was clearly superior to the former. In more recent times, it is Albert V. Dicey who is credited with providing the logical foundation upon which the modern notion of the rule of law is based. The term ‘rule of law,’ since reformulated by A.V. Dicey in the 19th century, has traditionally meant to include such notions as supremacy of standing law over arbitrary power, equality before the law (which applies also to government officials), and a binding constitutional framework. The rule of law generally refers to two elements; firstly, the recognition …show more content…
The rule of law would seem to require no less. Application of this sub-rule to ordinary civil processes is largely unproblematic, once it is remembered that not all decisions are purely judicial. As the Chief Justice of Australia has pointed out, "the rule of law does not mean rule by lawyers." Finally Nepal has failed historically in complying with the "Rule of Law" in government practices and made itself world renowned for its ongoing tradition of impunity all time in all three branches of government. The question is "why Nepal has to be doomed with such traditions that perpetuate party favoritism, ethnic tribalism, religious superior-ism, familial nepotism, gang criminal-ism, and so on that overrule justice?" There are many areas of Nepal in the government mechanism need regulations with the implementation logistics, which can bring all under the rule of law, particularly the executor (government official) and executed (the citizen who has violated the law) for justice. Nepal neither will succeed with democracy nor will become prosperous as long as it continues with the tradition of impunity under the domain of party favoritism, ethnic tribalism, religious superior-ism, familial nepotism, and criminal-gang-intimidation (mafia). Nepal needs to focus on implementation procedures of regulation to address the diminutive issues of the society in everyday existence for both citizen and the government official to make
The text book definition of rule of law is simply stated as the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws. This in laymen’s terms simply means that power is no-longer the ultimate decider,
The rule of law is treating all persons equally under the law in a society that is not run by any arbitrary power. Everyone is subject to the rules of law, including those in government and court positions; it is consistent throughout society and essential to achieving justice. An example of the rule of law being successfully applied to achieve justice in the
The United States prides itself on the fact that we have the rule of Law. In other countries such as Japan, the people are expected to obey the government and corporations. If we did not have lawyers, bureaucrats would administer the law. Some complain that we have too many lawsuits, but very few would accept having to obey only the government and the bureaucrats.
Many have attempted to define the Rule of Law, Lord Bingham set out his view in 8 sub-rules but it was the renowned constitutional theorist Albert Venn Dicey who originally popularised the principle in 1885 when he defined the rule of law in three conceptions. Firstly he stated “that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law” , emphasising on absence of arbitrary power within the government, consequently providing a safeguard to citizen’s rights. Secondly, simply that “no man is above the law” . Dicey goes on to elaborate on this concept; “with us, every official, from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen.” . The third tenet states that the constitution derived from previous judicial decisions, consequently determining the rights of private persons; meaning the constitution holds our rights, but is not the source of
We can’t write off the rule of law as irrelevant rhetoric: it has been recognised as an important constitutional principle in an Act of Parliament: Constitutional Reform Act 2005- 1. The rule of Law; This act does not adversely affect- (a) the existing constitutional principle of the rule of law, and is routinely cited as a constitutional principle by the courts.
What is meant by “rule of law” is the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law.
The most influential definition of the rule of law is that of the A.V. Dicey. In his work he defines the rule of law to be composed of three central elements. The first element states that “no man is punishable or can be made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts”. This element is designed to deny to governments any rights to make secret or arbitrary laws, or retrospective penal laws, and to limit the discretionary powers of government” . In order to comply with the requirement, it is stated that the rule must be open, clear, accessible and certain. This is supported by Lord Bingham as he argued that the law must be accessible, clear and predictable as wide discretionary powers would lead to arbitrariness which is against the rule of law. This principle is further illustrated by
to the law. The rule of law often is stated to be one of the
“When one obeys the spirit of the law and not the letter of the law, one is doing what the authors of the law intended” (Wikipedia, para 1). The spirit of the law allows for flexibility in the justice system. It allows for the interpretation of situations and cases. The spirit of the law allows for individuals to think from various perspectives and requires a deeper understanding of the situations. Rather than having one specific perspective on the issue such as Letter of the Law, the Spirit of the Law allows for the analysis of cases, flexibility, and justice.
“Rule of Law”, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, of prerogative ,or even wide discretionary authority on the part of government.” (THE LAW OF CONSTITUTION 198 (8th ed.)
Many other writers appear to share the opinion expressed by Raz that the raison d’être of the rule of law is to control the exercise of discretion, including Dicey, Hayek and Thompson, and to a lesser extent Unger and Weber. Dicey, for example, in his highly influential magnum opus, An Introduction to the Study of the Law of the Constitution, suggested that the rule of law is composed of three distinct and specific, but indivisible elements (Dicey, 1885, p179-201). These are:
The rule of law represents a challenge to State authority and power, demanding both that power be granted legitimately and that their exercise is according to law. The law is not autonomous but rests on the support of those it governs. Whilst the rule of law places law above everyone, it remains paradoxically subjected to the ultimate judgment of the people. The rule of law is considered the most fundamental doctrines of the constitution of UK. The constitution is said to be founded on the idea of the rule of law.
The current Rule of law in a basic description is that nobody is above the law, which has been historically emphasized by A.V Dicey. And could be described as “A system of government based on legal code” regardless of sovereignty. And its core purpose is to try to safeguard against questionable governance, for example dictatorships. One of its more critical features is that individual liberties depend on it.
Many bottlenecks block the healthcare sector in Nepal. Although the government has provided a number of
This was a fun topic to research. I had a rough time determining if I should define the RULE of LAW or look at its history and how it was developed through our constitution to the laws that govern us today. After all the supremacy clause in our Constitution says “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.” After going to many websites researching a definition that I could use to start I quickly discovered that the RULE OF LAW meant something different to each of the authors of the websites and while they were all meaningful none of them encompassed what I predetermined it should be until I reached the one definition that really jumped out at me is: