rule of law the basis of any just constitution
Answers
Answer:
Supremacy of Law:
This has always been the basic understanding of the rule of law that propounds that the law rules over all people including the persons administering the law. The lawmakers need to give reasons that can be justified under the law while exercising their powers to make and administer the law.
Equality before the Law:
While the principle of supremacy of law sets in place cheques and balances over the government on making and administering the law, the principle of equality before the law seeks to ensure that the law is administered and enforced in a just manner. It is not enough to have a fair law but the law must be applied in a just manner as well. The law cannot discriminate between people in matters of sex, religion, race etc. This concept of the rule of law has been codified in the Indian Constitution under Article 14 and the Universal Declaration of Human Rights under the Preamble and Article 7.
Pre-dominance of legal spirit:
In including this as a requirement for the rule of law, Dicey’s belief was that it was insufficient to simply include the above two principles in the constitution of the country or in its other laws for the state to be one in which the principles of rule of law are being followed. There must be an enforcing authority and Dicey believed that this authority could be found in the courts. The courts are the enforcers of the rule of law and they must be both impartial and free from all external influences. Thus the freedom of the judicial becomes an important pillar to the rule of law.
In modern parlance Rule of Law has come to be understood as a system which has safeguards against official arbitrariness, prevents anarchy and allows people to plan the legal consequences of their actions.
Answer:
The rule of Law states that no one can be treated above the law and the law is equal to all. It states that no one is above the law and every one , even the Prime minister is equal before the law.
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