what do you understand by rule of law
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Rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power.
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As per World Justice Project Rule of Law Index 2019 rule of law adherence in 126 countries, India ranked 68[1] . The Rule of Law is measured on multiple factors like Government Powers, Absence of Corruption, Open Government, Fundamental Rights, Order and Security, Regulatory Enforcement, Civil Justice, and Criminal Justice which has fallen from 65th to 68th. This Article is focused on meaning and understanding of rule of law in global sense also argue on the vitality of subject in present era.
So, the concept of rule of law can be traced back from the civilization of Greece, China, Mesopotamia, India and Rome. In fourth century B.C. Aristotle wrote book Politics which tells governance of law and suggested the notion of participatory governance. While explaining it he quoted that all men should follow and abide by the law. Also the Greeks were among the first people in history to separate the court process from government power, and introduced judgment by their peers.[2]
The Modern form of Rule of Law originated from the criticism of the Divine Theory of State. As per it the king was given the power to govern the people by the Divine Authority (God). This theory propagates that, King can do no wrong, king is above law[3]The Chief Justice of England, Sir Edward Coke at the time of King James I, criticize and argued that king should also be under the preview of rule of law. Professor A. V Dicey in his book An Introduction to the study of the Law of the Constitution summed up these practice in five principle i.e. Principle of impartiality, principle of equality before the law, principle of fair hearing, principle of supremacy and right to appeal. Later Davis worked on it and listed seven principles of rule of law which includes:
Law and Order;
Fixed Rules;
Elimination of Discretion;
Due Process of Law or Fairness;
Natural Law or Observance of The Principles of Natural Justice;
Preference for judges and ordinary courts of law to executive authorities and administrative tribunals; and Judicial review of administrative actions.
So, the concept of rule of law can be traced back from the civilization of Greece, China, Mesopotamia, India and Rome. In fourth century B.C. Aristotle wrote book Politics which tells governance of law and suggested the notion of participatory governance. While explaining it he quoted that all men should follow and abide by the law. Also the Greeks were among the first people in history to separate the court process from government power, and introduced judgment by their peers.[2]
The Modern form of Rule of Law originated from the criticism of the Divine Theory of State. As per it the king was given the power to govern the people by the Divine Authority (God). This theory propagates that, King can do no wrong, king is above law[3]The Chief Justice of England, Sir Edward Coke at the time of King James I, criticize and argued that king should also be under the preview of rule of law. Professor A. V Dicey in his book An Introduction to the study of the Law of the Constitution summed up these practice in five principle i.e. Principle of impartiality, principle of equality before the law, principle of fair hearing, principle of supremacy and right to appeal. Later Davis worked on it and listed seven principles of rule of law which includes:
Law and Order;
Fixed Rules;
Elimination of Discretion;
Due Process of Law or Fairness;
Natural Law or Observance of The Principles of Natural Justice;
Preference for judges and ordinary courts of law to executive authorities and administrative tribunals; and Judicial review of administrative actions.
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