What is the difference between rule and rule of law three points with example of class 8
Answers
Answer:
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.
2. Further, Rule of law encompasses both the
The letter of law
The spirit of law
With much greater emphasis on the spirit over the letter. Rule by law on the other hand is limited to the letter of law.
3. Lastly, Rule by law will enable the independent judiciary in the nation state with separation of power to only challenge and strike down the executive actions that are arbitary or in violation of law. However, judiciary cannot strike down the legislative action even if the law itself is arbitary, unjust and unfair. This, it cannot challenge legislative actions. It will be a case of very rigid and narrow notion of right to liberty except as per procedure established by law. The procedure itself can be unjust.
Rule of law on the other will enable judiciary to strike down both executive actions and legislative actions if they are unfair, unjust and not reaosnable. Thus, rule of law requires the law itself to be fair. It will encompass atleast some elements of right to liberty except as per due process of law. The process here is due and hence it cannot be unjust.
Thus, Rule of law is the broader concept which encompasses Rule by law along with many additional checks and balances.
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