Rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power, which is typical of despotism, absolutism, authoritarianism, and totalitarianism. Its insistence on reasoned principles and meticulously observed and elaborate procedures requires growth ofa powerful and specially trained legal professional. Jan 26, 2012 taken together, these cases make clear, by its glaring absence, that one core component of the rule of law is the separation of law and politics. The monopoly of government coercion to ensure law enforcement.
The rule of law refers to various established legal principles imposing limitations on governmental authority. The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. To build a foundation in the general principles of law. Development of the rule of law legal service india. There is a significant disagreement initially on how to define the rule of law. The king was the fountain head of justice and the protector of all laws. It requires that the laws are administered justly and fairly. Oversight by an independent judge in matters of the government implementing and enforcing the rule of law. The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law. This concept of disproportion often holds in many areas. Some writers have suggested that paragraph c is limited to the former4.
Three principles to strengthen the rule of law open society. Introduction i have written extensively about the rule of law for two basic reasons. The administrative law is totally based on the doctrine of the rule of law. In 1960 hayek wrote an important paper entitled, the origins of the rule of law, 11 tracing the history of the concept of the rule of law through many centuries. It has been variously described as a science and the art of justice. A society in which government officials and citizens are bound by and abide by the law is a society that lives under the rule of law. The entire basis of administrative law is the rule of law and delegated legislation is the backbone of administrative law. If the law is not to be merely a means of achieving whatever ends a particular government may favour, the rule of law must go beyond the principle of legality. One of the basic principles of constitution is rule of law and this concept is up to standard in both india and america constitution. This principle also requires that a countrys laws must be consistent with basic international human rights norms and standards. The processes for enacting and applying laws must be fair and transparent. Many generations of theorists have shared in repeated attempts to.
The doctrine was further adopted in the constitution of usa and india. We take an inclusive view of the rule of law, which incorporates a diversity of perspectives while recognizing international norms. Some philosophers have postulated the existence of natural law by which they mean the law of god which regulates the actions of mankind. The rule of law stanford encyclopedia of philosophy. The ideal ofcommunity law is upheld by some critics ofthe rule of law who point out that on the bureaucratic model the rule oflaw creates a gulf between the law and the people. A corollary of the rule of law is the existence of a legal profession sufficiently autonomous to invoke the authority of the independent judiciary. This principle disting uishes the ru le of law and requires acceptan ce of the principle of the separation of powers, which is the idea that the law. Learning outcomes on completion of this course, the learner should be. The rule of law is the legal principle that law should govern a nation, as opposed to being governed by unpredictable decisions of individual government officials. The principle of legality assures that no defendant may be punished arbitrarily or retroactively by the state.
Rule of law practitioners around the world have relied on this handbook for almost five years now. Judicial independence is a prerequisite to the rule of law and a fundamental guarantee of a fair trial. In criminal law, the principle of legality is designed to guarantee the primacy of the law in criminal procedure, so that neither state prosecution nor defendants are exposed to arbitrary bias the principle of legality assures that no defendant may be punished arbitrarily or retroactively by the state. Basic principles on the role of lawyers united nations. Revisiting the rule of law and principle of legality. For the united nations, the rule of law refers to4 a principle of governance in which all persons, institutions and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are.
This ensures that no one is punished of any offence except heshe has been found guilty by the court. Attorneyat law llb hons l ondon the rule of law andrew le sueur public law. The constitutional principle of the rule of law 1492 words. The doctrine of rule of law is the entire basis of administrative law. Principle of law definition of principle of law by the free. But the act does not define the existing constitutional principle of the rule of. One of the most interesting thing about incorporation of a company, is the legal personality clothing that incorporation clothes an organization with. It is also a fundamental aspect of peacebuilding and related efforts to build effective and credible criminal justice. The constitutional principle of the rule of law 1492. Justice requires the importation of principles that arise under other labels, such as peace, freedom, democracy and fairness. Principle definition of principle by merriamwebster. He wrote that the administrators of a country should rule or exercise their authority in accordance with the established laws. Pdf the effect of the oudekraal principle on the rule of law. Rule of law international journal of law and legal.
He wrote that the administrators of a country should rule or exercise their authority in accordance with the established laws of the land, and such established laws should. This suggests that law must be unique, known and powerful well and above everyone living within the confines of the country. V dicey in his book an introduction to the study of the law of the constitution. This concept is often known as the principles of natural justice.
A judge shall therefore uphold and exemplify judicial. The doctrine of rule of law was not known to ancient and medieval india. The rule of law has been referred to as a wrapper that is placed around a bundle of constitutional principles. Here i am concerned with jules colemans challenge, in his book the practice of principle, to the attempts of some economists of law to defend, in economic terms, certain core doctrines of the law. Background paper rule of law and sustainable development. Pdf a conceptual analysis of the rule of law in nigeria. The individuation of laws classifying laws into logically distinct categories has always been one of the major tasks of legal philosophy. Publicly promulgated equally enforced independently adjudicated and consistent with international human rights principles. The uses of the term general principle the diverse acceptances of the term principle refer to di verse meanings, however close they may be to one another. In the narrower concept of law, there must be a set of rules which can be applied objectively with someone to enforce them. Five principles that define the rule of law principle of legality. For example, the court cannot convict a person of a crime committed before a criminal statute prohibiting the conduct was passed.
Principles of business law contents study unit title page syllabus i 1 nature and sources of law 1 nature of law 3 historical origins 6 sources of law 9 the european community and uk law. Fundamental constitutional principles of rule of law. First articulated in the nineteenth century, it has become. Stare decisis as judicial doctrine 4 importance to the rule of law,2 promoting the evenhanded, predictable, and consistent development of legal principles, 3 and contributing to the actual and perceived integrity of the judicial process. Rule of law is the basic principle of the english constitution and this doctrine is accepted by the us and as well as india also. The procedural principles concern the processes by which these norms are. Zimbabwe human rights ngo forum special report enforcing the rule of law in zimbabwe 3 chapter 1 what is the rule of law. The rule of law does not have a precise definition, and its meaning can vary between different. In criminal law, the principle of legality is designed to guarantee the primacy of the law in criminal procedure, so that neither state prosecution nor defendants are exposed to arbitrary bias. Rule of law operations are conceptually difficult and hard to. Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are. The pareto principle the pareto principle was propounded by vilfredo pareto 18481923 when he observed that 20 percent of the people of italy owned 80 percent of the wealth. It concludes with a brief description of some of the criticisms that have been made about the concept of the rule of law.
Constitution the namibian constitution came into force on the eve of the countrys independence as the supreme law of the land and, therefore, the ultimate source. This principle distinguishes the rule of law and requires acceptance. The rule of law is the principle that all persons and institutions in a country, including the government, must follow laws which are publicly known to everyone, applied fairly to everyone, and enforced by independent courts. Aug 14, 2019 in any democratic political system, the essential principles are the following. The authority and influence of law in society, especially when viewed as a constraint on individual and institutional behavior. Radley henrico the fact is that few activities are more in the public domain than adjudicating on the lives of.
In any democratic political system, the essential principles are the following. At one extreme, the rule of law is merely a rhetorical device or a political philosophy and its content is unimportant the contentfree view. Eisenhower the bedrock of our democracy is the rule of law and that means we have to have an independent. The concept of the rule of law was made popular by professor a. Rule of law definition, the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced. As discussed by aristotle, the concept of rule of law is grounded in the ideas of. It means in the first place, the absolute supremacy or predominance of regular law as opposed to the influence of.
Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. Principle of law synonyms, principle of law pronunciation, principle of law translation, english dictionary definition of principle of law. An overview 2 common law, equity and statute law 23 custom 25 case law 26 nature of equity 32 application of principles of equity 34. Rule of law indicators the rule of law is a principle of governance. Whereas bradley and ewing strike something of a balance between the leading views on the rule of law in their book when they say on page 101. The notion of rule of law preeminence du droit, together with those of pluralistic democracy and human rights, represents a fundamental principle and a. General principles of law in international law and common law. Plato and aristotle observed that natural law is a legal concept that explores.
The rule of law has enjoyed great attention in recent years and has been termed the most important political development of the second millennium. Introduction undoubtedly, the constitutional principle of the rule of law is one of the most essential values in the english legal system. While there is no set definition of the rule of law encompassing all of its characteristics, there is a basic realm of common principles. I claim that all the principles i treat as principles of the rule of law qualify. Still, the adoption and practice of some basic principles of the rule of law are clear barometers for the practice of democracy. Starting with the greek and then the roman philosophers, the british philosophers, and the french enlightenment, hayek identified. It has aptly been characterized as a wrapper that is placed around a bundle of more specific principles. Pdf the principle of legality, principle of public law.
It is more difficult to understand what is effectively served by the quota tion of the maxim and if the maxim acts as a rule. Rule of law emphasises that every citizen must act in accordance with the law. Eisenhower the bedrock of our democracy is the rule of law and. The rule of law is widely accepted to be a critical part of an effective constitution. Introduction to international law robert beckman and dagmar. To give meaning to that principle, states might commit at the uns rule of law summit in september to the following. The starting point for incorporating the rule of law into the post. Dec, 2011 the bill of rights institute has created a short, engaging video for bill of rights day on the constitutional principle of the rule of law. In fact, i have found this volume used by both civilian and military rule of law practitioners from many agencies across afghanistan. Article 38 lists only two subsidiary means the teaching writings of the most highly qualified publicists international law scholars and judicial decisions of both international and national tribunals if they are ruling on issues of international law. The pareto principle also known as the 8020 rule, the law of the vital few, or the principle of factor sparsity states that, for many events, roughly 80% of the effects come from 20% of the causes.
Albert venn dicey and the principles of the rule of law. Basic principles on the role of lawyers adopted by the eighth united nations congress on the prevention of crime and the treatment of offenders, havana, cuba, 27 august to 7 september 1990. The rule of law is among the major principles of the english constitution. The principle of the rule of law arose from the proposition by professor dicey in his book titled introduction to the law of the constitution in 1885. In the new millenium, sadly, zimbabwe is a global pariah because our government is alleged to have trashed the rule of law and the constitution on which is based its authority to govern.
Indeed, a given principle might possibly qualify only conceptually as a principle of the rule of law as a principle constitutive of what is a law like use of law to order human relations, and yet the principle might not itself be recognized within any given system. Text, cases etc the rule of law is widely acknowledged to be an essential component of a good constitution. It has been said that the rule of law is, in effect, an institutional morality which requires. The essential principle that the rule of law must protect human rights was not always accepted, but has become an obvious precondition for any democracy that establishes human rights as a foundation for its constitutional principles. The rule of law is an overarching principle which ensures that australians are governed by laws which their elected representatives make and which reflect the rule of law. The rule of law comprises a number of principles of a formal and. Such principles are echoed in the elements of the rule of law and are supported by it. Principles rule of law institute of australia rule of law.
Tom bingham examines the historical origins of the rule of law, advances eight conditions which capture its essence as understood in western democracies today and explains why the rule of law offers the best means yet devised for securing peace and cooperation. For the laws made to govern the actions of government and people to work very well, it must have absolute supremacy or predominance over everybody in the country. The doctrine of the rule of law is said to have its origin from sir edward coke. The rule of law was conceived as something that should map out the way and means of peaceful coexistence, progress and development of the society under a uniform rule guided system. The rule of law is defined in the oxford english dictionary as.
The courts play an integral role in maintaining the rule of law, particularly when they hear the grievances. Issues of rationale and application bruce chen the term principle of legality has most commonly been associated with one particular common law interpretive principle the presumption that parliament does not intend to interfere with fundamental common law rights, freedoms and immunities. One can identify these meanings by taking into account the profes sion of the person interpreting the term. Its origins and meanings a short guide for practitioners. During the british rule, the principle of the rule of law was neglected though this principle was followed in britain. Law is commonly understood as a system of rules that are created and enforced through social or governmental institutions to regulate conduct, although its precise definition is a matter of longstanding debate.
639 174 472 1379 946 215 926 693 1213 469 426 823 778 880 184 1039 1243 1115 1112 1419 268 263 583 1472 306 279 1325 480 479 559 506