explain rule of law and its two fundamental
in india class 8 civics
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Answer:
The first and primary principle was the “sovereignty or supremacy of Parliament”. The second principle, which tempered the first, was the “rule of law”. ... Secondly, that no person should be above the law and that all classes should be equally subjected to the law.
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Answer:
As the term itself connotes, ‘Rule of Law’ means rule of law and not of men.
The expression “Rule of Law” is derived from the French phrase ‘le principe de legalite’ meaning the principle of legality.
Defining rule of law Prof Wade expressed- “The rule of law requires that the government should be subject to the law rather than the law subject to the government”
According to Black’s law dictionary, Rule of Law may be specifically defined as supremacy of law where decision is made by applying known principles or laws, where there is no intervention of discretion in application of such principles or laws.
Rule of law has been defined by many scholars as the symbol of ultimate authority, which no man can override. As stated by Lord Denning in case Gouriet V. Union of post office workers Every person in land, no matter how powerful or high in status he may be, law will always be above them.
The rule of Law is one of the basic and general principles of the constitution. It is characterized in the words of Max Weber as – “legal domination as an idea of government of law rather than an idea of men.’’
So, in essence rule of law means that everyone from the government to its officials, together with citizens should act according to the law.
The doctrine of rule of law has been described as supremacy of the law. This means that where there is rule of law no person can be said to be above the law, even the functions and actions of the executive organ of the state shall be within the ambit of the law.
Rule of law imposes a duty on all citizens in a parliamentary democracy to obey the law and for such obedience the law itself must be just law and not arbitrary or oppressive law.
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