September 5, 2024
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12:27Now PlayingRule of law means the “Rule of Law”. It means that there will not be any rules by individuals or individuals. There will be no arbitrary punishment given by individuals of any kind to any other person. It also means that ordinary law is supreme in England and that every person is subject to the ordinary law and the courts which deal with these cases.
One of the popular analyses of the rule of the law is done by A.V. Dicey. He did this analysis in his classic “The Law of the Constitution, " written in 1885. According to him, the rule of the law means three things. First, the Supremacy of the law. The supremacy of the law implies that arbitrary punishment is illegal. Englishmen are ruled by the law, and by the law alone. A man can be punished for the breach of the law, but he cannot be punished for nothing else. Similarly, every person must be given an equal opportunity to present his case and arguments. The trial must be in an open court where people may easily come and go. Second is the Equality before the Law. It means two things. First is that all the persons in the state are equal before the law. These persons may be legislatures, executive, related to the judiciary itself or any other person. All persons are equal before the law. The second sense is that there must be the same laws for everyone in the state. There should not be separate laws for different people. Laws should be the same and applicable to all persons equally. Third is that Ordinary law guarantees individual rights and liberty. By this, we mean that the written or unwritten laws protect individual rights in any state. These fundamental rights are in written form in some countries. In Britain they are unwritten.
There are certain limitations to the rule of law as well. This includes; the growth of delegated legislation, the growth of administrative jurisdiction, special immunities of certain public officials, and some others.
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