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Understanding the Rule of Law Principles

The Rule of Law is a dynamic concept that emphasizes the supremacy of law over arbitrary governance, ensuring principles of freedom, equality, and accountability. Its origins trace back to ancient philosophers like Aristotle and Plato, who argued for the law's authority over individuals, including rulers. Key features include equality before the law, protection against arbitrary punishment, and the necessity of independent tribunals for justice, as articulated by theorist A.V. Dicey.

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5 views1 page

Understanding the Rule of Law Principles

The Rule of Law is a dynamic concept that emphasizes the supremacy of law over arbitrary governance, ensuring principles of freedom, equality, and accountability. Its origins trace back to ancient philosophers like Aristotle and Plato, who argued for the law's authority over individuals, including rulers. Key features include equality before the law, protection against arbitrary punishment, and the necessity of independent tribunals for justice, as articulated by theorist A.V. Dicey.

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[Link].

org © 2020 IJCRT | Volume 8, Issue 10 October 2020 | ISSN: 2320-2882


The Rule of Law is a viable and dynamic concept like many other such concepts, is not capable of any exact
definition. The term Rule of Law is used in contradistinction to Rule of Men and Rule according to law. Rule of law
means that the law rules, which is based on the Principles of Freedom, Equality, Non-discrimination, Fraternity,
Accountability and Non-arbitrariness and it is certain, regular and predictable. Generally, Rule of Law is used in two
senses, i.e. in Formatic Sense and Ideological Sense. Formatic Sense refers to the organized power as opposed to a
rule by one man and Ideological Sense refers to the regulation of the relationship of the citizens and the Government.
Thus-

“Rule of Law is the most important element in any civil society”

It’s Origin

Rule of Law is a result of struggle made by people since centuries for recognition of their inherent rights. The
concept is very ancient and old and was discussed by the Greek philosophers Aristotle and Plato at the time of 350
BC. The concept transformed the notions of the society and changed the perception and interpretation of rule of law
by many authors. Plato defined Rule of Law by stating that ‘it is supreme in nature and nobody is above the law’.
According to Aristotle ‘law should be the final sovereign of the State’. The German Customary law proposed the
principle that the King is always under the law and it is the independent source of rule of law in the medieval period.
According to John Locke, the government acts in accordance with the law.

Features of Rule of Law

1. The principle of Rule of Law is upheld when the authorities while exercising their powers are not allowed to
act according to their whims and fancies.
2. Under the principle of Rule of Law, no person can be punished or made to suffer, unless and until he has
committed the breach of law.
3. According to Rule of Law, everyone is equal before the law, i.e. law cannot be based on a class of persons.
4. Rule of Law is essential bedrock of most of the democracies as it is universal in its application and also it has
been the part and parcel of most of the legal systems in the world.
5. According to the principle of Rule of Law, a person can be punished only if he is charged of committing a
crime and that charge is proved by an independent tribunal like that of a court.

Dicey’s Concept on ‘Rule of Law’

Albert Venn Dicey (a British jurist and constitutional theorist) developed the Concept of Rule of Law in his book
‘The Law of the Constitution’ (1885). He states that one should know the difference between administrative law and
the Rule of Law. According to him, Rule of Law is equal for everyone whether he is a Prime Minister or a normal
bank clerk working in an office. Thus, same laws should be made applicable to everyone, no discrimination should
be done under the rule of law and rule of law is supreme in nature. A.V Dicey propounded three postulates of Rule
of Law, which are-
IJCRT2010155 International Journal of Creative Research Thoughts (IJCRT) [Link] 1144

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