what is difference between rule and rule of law
Answers
Answer:
When a rule is broken, the consequences tend to be uncomfortable but mild in comparison to the breaking of a law. RULE-one of set of explicit or understood regulation or principles governing conduct within a particular activity or sphere. rule of law-a state of order in which events conform to the law.
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Answer:
The discussion on distinction between Rule of Law and Rule by Law is as old as the concept of Rule of law.
Before answering the question, few basics need to be discussed.
The concept of Rule of Law:
Rule of law is one of the most important principle in law as a field and practice.
Rule of law, though as old as civilisation was popularised by A. V. Dicey in 1880s in his Introduction to the study of law of Constitution. It has three tenets
Equality before law
Presumption of innocence unless proven guilty
Primacy of rights over Constitution
The concept of Rule by law:
Rule by law is ruling as per the law. This implies executive actions should be confined within the four walls of law drawn by legislature. But if the walls itself are faulty, there is no remedy there.
Difference between Rule of Law and Rule by Law:
The following point can be considered as the differences
1. The difference can be simply put as
Rule of Law = Rule by law + Values
Rule of law is a value laden concept which includes Democratic values of liberty, equality, fraternity, justice and others. Thus, it encompasses not only procedural aspects of law but also the substance. While rule by law is merely procedural and value neutral.
For example, Rowlatt Act of 1918 which was passed by British Colonisers in British India was a tyrannical law. It allowed the suspension of writ of Heabus Corpus for 2 years i.e. it allowed detaining people without any substantial grounds for 2 years. It was an example Rule by law and not Rule of law. Thus, any Rule by law inconsistent with legal values is also violation of Rule of law.
Explanation:
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