The Rule of Law

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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

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