write about rule of law
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CONCEPT OF RULE OF LAW
The doctrine of rule of law has its origin in England and it is one of the fundamental characteristics of the British constitutional system. It lays down that the law is supreme and hence the government must act according to law and within the limits of the law. It is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. It primarily refers to the influence and authority of law within society, particularly as a constraint upon behavior, including behavior of government officials.
A V Dicey in his book The Law of the Constitution (1885) has given the following three implications of the doctrine of rule of law.
Absence of arbitrary power, that is, no man is punished except for a breach of law
Equality before the law,that is, equal subjection of all citizens (rich or poor, high or low, official or non official) to the ordinary law of the land administered by the ordinary law courts
The primacy of the rights of individual, that is, the constitution is the result of the rights of the individual as defined and enforced by courts of law, rather than constitution being the source of the individual rights
Most legal theorists believe that the rule of law, popularized in 19th century, has purely formal characteristics, and possess the characteristics of generality, equality, and certainty, but there are no requirements with regard to the content of the law and protection of individual rights.
Today Dicey's theory of rule of law cannot be accepted in its totality. The modern concept of the rule of law is fairly wide and therefore sets up an ideal for any government to achieve. Accordingly - "The rule of law implies that the functions of the government in a free society should be so exercised as to create conditions in which the dignity of man as an individual is upheld. This dignity requires not only the recognition of certain civil or political rights but also creation of certain political, social, economical, educational and cultural conditions which are essential to the full development of his personality".
The relevance of the Rule of Law is demonstrated by application of the following principles in practice:
The separation of powers between the legislature, the executive and the judiciary.
The law is made by representatives of the people in an open and transparent way.
The law and its administration is subject to open and free criticism by the people, who may assemble without fear.
The law is applied equally and fairly, so that no one is above the law.
The law is capable of being known to everyone, so that everyone can comply.
No one is subject to any action by any government agency other than in accordance with the law and the model litigant rules, no one is subject to any torture.
The judicial system is independent, impartial, open and transparent and provides a fair and prompt trial.
All people are presumed to be innocent until proven otherwise and are entitled to remain silent and are not required to incriminate themselves.
No one can be prosecuted, civilly or criminally, for any offence not known to the law when committed.
No one is subject adversely to a retrospective change of the law.
Rule of law is said to be brought by the British to India.
It means that no one is above the law and all should abide by he law. Through this no one can be above the law and everyone even the President cannot be above the law