The rule of law is a concept mostly used by lawyers and politicians without giving definite meanings to the concept as it has many interpretations. It is viewed in many different ways. It has been seen as a key concept in legal and political philosophy. Also, the rule of law has a practical application in that it can offer guidance on the requirements that a good legal system must adhere to.The rule of law, in as much as it influences legislations by regulating the conduct of government officials and those in authority, there is no judicial legislation contrary to the rule of law. This in essence means that the rule of law is meant to keep individuals ‘in check’ under the law to guide against abuse of power.
INTRODUCTION: Rule of law in simplest terms means law rules, that is, law is supreme. The term ‘Rule of law’ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I’s reign is said to be the originator of this principle.
‘The Rule of Law’ came into popularity under the hands of A.V. Dicey in the 19th Century. Aristotle, another renowned philosopher once said more than two thousand years ago, "The rule of law is better than that of any individual." [1] The Rule of Law is ultimately, the foundation of democracy that every country should acquire for the better of their own legal systems, regardless of whether it is criminal law, civil law or public law. It is a major source of legitimation for governments in the modern world.
If the law lacks morality, and principles that ensure justice, and fairness is it even a law at all? . Yes it may be in a book of laws, signed by congress, and enforced by superiors, but the question still remains is a law actually a law if it doesn’t ensure the best interest of all people ? . Is a unjust law one that doesn’t bind lawmakers to obey ?.
Rule of Law, although studied as an abstract legal concept, has enormous value in its practical implications. Its flexibility to provide a just fair and reasonable order is undeniable. Gradually with passage of time it has transformed its shades and colours from natural Law to the Modern Rule of law and with passage of time its significance is becoming more evident as a tool of governance. It’s an effective tool in curbing the misuse of the power hands of State. Rule of law today is synonymous with the principles of justness, fairness and reasonableness.
The main issue here is how we should view the law morally, whether law in itself is generally a good thing? In some case there are some facts which work against law. So does it imply that law is wrong? There are some arguments related to this theory: The Gratitude Argument: We have to obey the law because we are obligated to be grateful to the government because of the good things it does for us, and obeying the law is the best way of showing our gratitude. The Argument from Fair Play: When a person receives a benefit or reward or some other thing from industry, whose success depends on the obedience to its rules and regulation, and that obedience involves some sacrifice, and he intends to continue receiving awards, the he just obeys the rules of the company no matter how morally correct or incorrect are these
The Oxford Dictionary defines law as “The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.” The law is an indispensable aspect of our daily lives and a crucial dimension of modern culture. The law is a reflection of society and society is a reflection of the law. The members of any society desire to surround themselves with something that validates and regulates their routines, practices and at the basic level, their daily lives. In that sense, the law helps to bring a certain order to our lives. In India, our constitution is the supreme source from which all law originates.
Throughout the history of mankind, society has defined itself by law and the order that law creates. “Laws are the binding rules of conduct or action which the vast majority of the society has to abide”. Justice on the other hand is rather an abstract concept. There is no right or wrong definition of justice, but is rather agreed upon the concept of being fair and equal. Many would assume that the sole purpose of law is to establish justice, which seems like a wonderful philosophical theory but is slightly difficult to follow.
Law is a set of rules as to how people belonging to a certain land/country should behave. These rules determine how a person should be treated and punished if he/she commits a crime. The fear of going against the law is what keeps everyone from being vigilantes or criminals; it’s the reason as to why you can feel safe to walk with your purse in public. The law protects every citizen but the law has to also be followed or you will face prosecution. Law is the mainframe of human rights as explained in the paragraph below.
When the courts come to apply this general will of the ‘crown in parliament’ to the particular facts of the case, they must try to be faithful to the words, but also they must ‘translate’ them so that they are meaningful in the context. Where there is ambiguity, uncertainty or absurdity, the law has developed a number of techniques or approaches of reading and understanding statutes called rules. Some judges prefer to use one rule while the other prefers another, however to provide certainty of law once an interpretation is applied it will then form a precedent for similar cases in the future to follow. The first and most common rule is the literal rule sometime known