RULE OF LAW

RULE OF LAW Meaning

Fundamental to the concept of "rule of law" is the idea that laws are what ultimately determine how a society functions. Rule of Law is the concept that all individuals and institutions within a nation are responsible for adhering to the same legal standards. It is the system that ensures everyone is regarded equally before the law and prevents the government from exercising its power arbitrarily. It prevents the incumbent government from abusing the power at its disposal.

The rule of law must be observed by all public and private entities performing public duties. Everyone is subject to the law, including those who establish the laws, those who enforce the laws, those who judge those who violate the laws, and government employees. The British Constitution is based on the paramount regulating principle of the rule of law as upheld and administered by the judicial system.

What is the Rule of Law?

In a system governed by the Rule of Law, every individual is held accountable for their conduct in the eyes of the legal system.The law is clear, it is widely publicised, it does not change, and it is equitable.The law is implemented in a way that is uniform across the country.The judicial system serves to preserve the integrity of fundamental rights.The legal process is straightforward to follow, and in addition to being just, it gets the job done.The judicial system is not subject to any outside interference or influence.The administration of justice will inevitably result from a trial that is carried out in a fair manner.

The Need for the Rule of Law

Arguments in support of the Rule of Law include limiting the power of the government, eradicating and punishing corrupt practises, and maintaining order and safety in society. In order to protect fundamental rights, to promote openness in government, and to ensure both civil and criminal justice, we need to provide equal access to both.

The Rule of Law, according to Lord Bingham

The law should be readily available, understandable, unambiguous, and predictable. The proper method for resolving disputes involving legal rights and responsibilities is the application of the law, not the exercise of discretion.

Everyone should be subject to the same laws, except in situations where objective differences necessitate differential treatment. Human liberties must be sufficiently protected by the legal system. Such procedures for the resolution of civil disputes that do not necessitate excessive expense or time should be made available. The state's available adjudicative procedures must be impartial.

Ministers and other public officials are obligated to use the authorities delegated to them in a reasonable manner, in good faith, for the intended purpose, and without exceeding the limitations of such authorities. The state is liable for upholding its international law responsibilities.

LAW BOOKS

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