Rule Of Law Research Paper

ABSTRACT

Laws can be considered to be one of the most fantastic creation of nature and there exists a wonderful relation between universal truths and law but laws change whereas universal truths remain constant. Rule of law basically governs all individuals of a nation and it also influences a particular society. Rule of law is considered to be supreme in nature and every citizens of any state is subjected to the general principles of law. It is also to be mentioned that rule of law is naturally a vague concept and it varies from one individual to another individual. There are various approaches to the definition of rule of law, one is the formalist approach which usually specifies the attributes that a legal framework is needed to have in

One is the say or the authority which can be equated with the supremacy of law and the second aspect of rule of law is the procedural just and fairness of a particular law in force. As it is very much known that what the law dictates is the ultimate to be followed in a particular society, the rule that it lays down, the procedures, punishments, provisions all are to be measured with a proper yardstick. A rule which is laid down by the law is found to be unjust, then it is need to be struck down. The primary function of rule of law is to influence a particular society upon which it is acting and also to govern the behavior of individuals within the society. It is also very much true that such rule of law varies from one society to another society, a particular law which is supreme in one society may not be supreme in another society. The rule of law requires both citizens and Government to be subjected to standing law. According to eminent Professor Dicey, the rule of law presupposes the absence of wide discretionary authority among the rulers and that they are unable to govern according to their own laws and they actually end up governing and implementing the existing laws . So one condition of rule of law that it should be embedded with morality and then only it would act as a strong yardstick to control the society. The rule of law also

Rule of Law has its widest application in many aspects but whether such can be capsuled and measured or not has to be determined. In practical situations it is very difficult to measure the practical application of Rule of Law because of it being objective in nature. When the concept is very much objective in nature, it would naturally vary from one individual to another. When it also comes to the question of measuring, there is no particular yardstick that has been provided on the basis of which the practical application of Rule of Law can be measured, it can only be analyzed to what extent the Rule of Law is governing in a particular society taking and analytical approach to the various cases that has been decided by the Apex Court can only lead us to what extend Rule of Law is implemented practicality but measuring of such is not practically feasible. Obviously the development of the Rule of Law regarding of it being fair and just can be traced to a certain extent. When the aspect of Rule of Law mainly revolves around equality, fairness of law, and liberty there are certain cases which has been discussed earlier like Maneka Gandhi Case in which The Supreme Court had extended the procedural fairness ambit from procedure established by law to just, fair and reasonable procedure so this is just a trend which