Site icon Legal Vidhiya

UNDERSTANDING AND UPHOLDING THE RULE OF LAW

Admin
Advertisements
Spread the love

This article is written by Ridhi Budhwar of 5th Semester of KCL Institute of Laws, Jalandhar, an intern under Legal Vidhiya

ABSTRACT

The Rule of Law, a foundational principle in ultramodern legal and political systems, serves as the bedrock upon which just and indifferent societies are constructed. This article delves into the multifaceted conception of the Rule of Law, tracing its literal elaboration, delineating its crucial principles, and examining its contemporary challenges and counteraccusations. Drawing from a wide array of international case studies and applicable legal fabrics, this study sheds light on the critical part played by the Rule of Law in promoting justice, responsibility, and social stability. The article identifies and analyzes the core principles that constitute the Rule of Law, similar as legitimacy, equivalency, translucency, and access to justice. It underscores the significance of an independent bar, clear and predictable legal systems, and responsibility mechanisms in upholding these principles.

Also, this study explores the pivotal part played by international associations and covenants in promoting and securing the Rule of Law on a global scale. It emphasizes the significance of a coordinated, international approach in addressing cross-border Rule of Law issues.

In conclusion, this article underscores the consummate significance of the Rule of Law in icing fairness, responsibility, and the protection of fundamental rights. It offers practical recommendations for strengthening the Rule of Law at national and multinational situations and emphasizes the part of education and public mindfulness in advancing this vital principle.

Keywords – Magna Carta, Authoritarianism, Constitutionalism, Legal Framework, Principles, Democracy, Accountability, Justice, Separation of Powers, Judicial Independence, Judicial Review.

Introduction

The concept of the Rule of Law stands as a pillar of modern democratic societies, underpinning the principles of justice, fairness, and accountability. Rooted in historical evolution, it has transcended epochs and geographical boundaries to become an indispensable framework for governance and social order. This article delves into the multifaceted dimensions of the Rule of Law, offering a comprehensive examination of its historical development, intrinsic principles, contemporary challenges, and the pivotal role it plays in maintaining just and equitable societies.

In a world marked by diversity and complexity, the Rule of Law remains a beacon of stability and a safeguard against arbitrary exercise of power. It provides a structured framework within which individuals and institutions operate, ensuring that rights are protected, laws are applied consistently, and justice is attainable for all.

Historical Evolution of the Rule of Law

1.1 Origins of the Rule of Law

The conception of the Rule of Law is deeply embedded in human history and has evolved over glories. Its origins can be traced back to ancient societies where principles of governance, justice, and the rule of monarchs were first formulated. Ancient societies, similar as the Mesopotamians and Egyptians, established canons of law to govern their societies, laying the root for the conception of the Rule of Law.

1.2 Magna Carta and Medieval England

One of the most significant mileposts in the literal elaboration of the Rule of Law was the signing of the [1]Magna Carta in 1215 in England. This document, forced upon King John by the tycoons, established the principle that indeed the monarch was subject to the law. It laid the foundation for limiting the arbitrary exercise of power and icing that the law applied inversely to all, anyhow of their status.

The expression “rule of law” only entered common parlance in the nineteenth century thanks to the notations of British constitutionalist Albert V. Dicey. His prolusion to Study of the Laws of the Constitution (1885) provides the first major explanation of what the rule of law entails in a liberal democracy. According to Dicey, the rule of law comported of three inter- connected elements[2], firstly, the rule of law demands that no person should be subject to discipline except for a breach of a pre- established law, and it’s the ordinary courts that are the proper venue for determining whether such a breach of law has passed. The rule of law is therefore inharmonious with the “exercise of wide, arbitrary or voluntary powers of constraint” by government officers. Secondly, there is equality before law. This implies that government officers should not enjoy special immunity (save for the monarch) and should be held responsible for their conduct before the ordinary courts. Thirdly, at least in the United Kingdom where there is no comprehensive written constitution, the rule of law flows from the judicial recognition of individualities’ rights. This aspect of the rule of law consists in the array of legal safeguards that cover individualities from arbitrary action taken by government, with the courts empowered to act as the custodians of those safeguards Dicey’s third element has been the subject of different interpretations. Despite the legal safeguards that may be espoused to give a comprehensive system of checks and balances on governmental abuse, a state’s indigenous frame should not be seen to operate in a cultural or societal void. This helps to explain why the United Kingdom, which has no comprehensive written constitution and where the superintendent and legislative and until recently the bar) are intertwined, is seen by multitudinous as the stronghold of the rule of law.  multitudinous believe that this is because ideals of justice and fairness are deeply engrained in British artistic traditions. The British hold a profound sense of “fair play” – what constitutes just and fair conduct – and this reveals itself in the way that the public and officers believe and anticipate that the administration should operate within the confines of the law. The rule of law can thus thrive in the absence of specific legal mechanisms contained in a written constitution.

Key Principles and Components of the Rule of Law

  1. Essential Principles of the Rule of Law

The Rule of Law is sustained by a set of essential principles that serve as the foundation for just and indifferent societies. These principles include:

Legitimacy–The principle of legitimacy dictates that all conduct and opinions must be grounded on clear, transparent, and well- established laws. This ensures that individualities and government authorities are bound by the same legal frame, precluding arbitrary exercises of power.

Equality Before the Law– Equality before the law means that every existent, anyhow of their social status, wealth, or influence, is subject to the same legal rules and is entitled to the same legal protections. This principle ensures that justice is administered impartially, without demarcation.

Responsibility– Responsibility is a foundation of the Rule of Law. It means that public officers, including government retainers and tagged representatives, are answerable for their conduct. Mechanisms live to hold them responsible for any abuse of power or violation of the law.

2. Part of an Independent Judiciary

An independent bar is an abecedarian element of the Rule of Law. It serves as a check on the conduct of the superintendent and legislative branches of government and plays a pivotal part in upholding the Rule of Law by[3]:

Interpreting and Applying Laws– The bar interprets and applies laws impartially and ensures that government conduct conform to the legal frame. It settles controversies and enforces legal rights and liabilities.

Judicial Review -Through judicial review, the judiciary assesses the constitutionality of laws and government conduct. It has the power to declare laws or conduct unconstitutional if they breach the principles of the Rule of Law.

Protection of Individual Rights– An independent bar safeguards individual rights by furnishing a forum for citizens to seek remedies for violations of their rights. It ensures that individualities can pierce justice and challenge government conduct.

3. Clear Laws and Legal Certainty

Clear, well- defined laws are essential for upholding the Rule of Law. Legal certainty is pivotal because it:

Prevents Arbitrary Decision Making-Clear laws leave little room for arbitrary decision- making by government officers. Citizens can understand their rights and liabilities and anticipate the legal consequences of their conduct.

Promotes Fairness and monotony – Legal certainty promotes fairness and pungency in legal proceedings. It ensures that individualities aren’t subordinated to changeable or arbitrary issues in legal matters.

Facilitates Compliance – When laws are clear and accessible, compliance becomes more doable. Citizens and businesses can cleave to legal conditions without confusion or nebulosity.

In summary, the Rule of Law is characterized by its foundational principles of legitimacy, equivalency, and responsibility. An independent bar, clear laws, and legal certainty are integral factors that insure the operation of these principles in practice. These rudiments inclusively contribute to the establishment of just and orderly societies where the rights of individualities are defended, and government conduct are governed by the law.

Challenges to the Rule of Law

Some contemporary challenges to the Rule of Law and real-world examples[4]

  1. Corruption

Brazil- Brazil has faced significant challenges related to corruption, including high- profile dishonors involving politicians and business leaders. The” Operation Car Wash” disquisition revealed wide corruption involving state- possessed oil company Petrobras, leading to persuasions of prominent numbers.

2. Political hindrance

3. Systemic sins

India -India’s judicial system has faced challenges related to a backlog of cases and detainments in court proceedings. These issues have redounded in prolonged legal battles and hindered access to timely justice for numerous citizens.

4. Limited Access to Legal Services

5. Corrosion of Civil Liberties

Hong Kong -Recent political developments in Hong Kong have raised enterprises about the corrosion of civil liberties and the independence of its legal system. The duty of a public security law has led to apprehensions and limitations on freedom of expression.
Addressing these contemporary challenges to the Rule of Law requires combined sweats, including legal reforms, strengthening of institutions, and the creation of translucency and responsibility. These challenges, when left unaddressed, can have far- reaching consequences for the functioning of legal systems and the protection of individual rights and freedoms.

Rule of Law as reflected in the Indian Constitution

[5]The Rule of Law is a fundamental and integral principle enshrined in the Constitution of India. It is reflected in various provisions and features of the Indian Constitution, which establish the framework for a just and equitable society governed by law. Here are some key aspects of the Rule of Law as reflected in the Indian Constitution:

1. Preamble of the Constitution:

   – “The Preamble to the Indian Constitution declares India as a sovereign, socialist, secular, and democratic republic. It emphasizes justice, equality, and liberty as essential values. These principles are foundational to the Rule of Law.”

2. Equality Before the Law (Article 14):

   -Article 14 of the Constitution guarantees equality before the law and equal protection of the laws. It ensures that the state shall not deny any person equality before the law or the equal protection of the laws within the home of India. This principle ensures that all citizens, anyhow of their background, are treated inversely by the legal system.

3. Prohibition of Discrimination (Article 15):

   – Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It reinforces the principle that the law should be applied uniformly to all citizens and that discriminatory laws are incompatible with the Rule of Law.

4. Right to Equality (Article 16):

   – Article 16 provides for equality of opportunity in matters of public employment. It ensures that all citizens have equal access to government jobs and that appointments are based on merit rather than arbitrary factors.

5. Right to Life and Personal Liberty (Article 21):

  – [6]“Article 21 protects the right to life and personal liberty”. It includes the right to live with dignity and the right to a fair and just procedure established by law. This article ensures that individuals are not deprived of their liberty except by lawful means.

6. Right to Equality of Law and Equal Protection (Article 39A):

   – [7]Article 39A directs the state to ensure equal justice and free legal aid for all citizens. It reflects the principle that access to justice is an integral component of the Rule of Law.

7. Independent Judiciary (Chapter IV):

   – [8]The Indian Constitution establishes an independent judiciary, separate from the executive and legislative branches. The judiciary serves as a guardian of the Rule of Law, ensuring that government actions conform to the constitution and laws.

8. Judicial Review (Article 13 and Article 32):

   – [9]Article 13 declares that laws inconsistent with fundamental rights are void, and Article 32 provides for the right to constitutional remedies. These provisions empower the judiciary to review and strike down laws that violate the Rule of Law or infringe upon fundamental rights.

9. Separation of Powers (Basic Structure Doctrine):

   – The Basic Structure Doctrine, developed by the Indian judiciary, emphasizes the separation of powers between the executive, legislative, and judicial branches of government. It ensures a system of checks and balances, preventing arbitrary exercises of power and promoting the Rule of Law.

10. Protection of Individual Rights (Part III and Part IV):

    – The Constitution includes detailed provisions in Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) that protect individual rights and promote social and economic justice. These provisions contribute to the realization of the Rule of Law.

[10]In summary, the Indian Constitution reflects the Rule of Law as a fundamental and guiding principle. It ensures equality, justice, and accountability and establishes an independent judiciary to uphold the Rule of Law in the country.

Case laws related to the Rule of Law

There are several significant case laws and legal decisions from various jurisdictions that are related to the Rule of Law. These cases often involve issues such as constitutional rights, separation of powers, accountability, and the protection of individual liberties. Here are a few notable examples:

  1. [11]Marbury v. Madison (1803) – United States:

   – This landmark case established the principle of judicial review in the United States. Chief Justice John Marshall ruled that the judiciary has the authority to review and invalidate actions of the executive and legislative branches that are inconsistent with the Constitution, thus reinforcing the Rule of Law.

2. [12]Anisminic Ltd v. Foreign Compensation Commission (1969) – United Kingdom:

   – In this case, the House of Lords ruled that an error of law, known as “jurisdictional error,” made by an administrative body renders its decision null and void. This decision emphasized that even government agencies must adhere to the Rule of Law and follow the law when making decisions.

3. Korematsu v. United States (1944) – United States:

   – This case involved the forced internment of Japanese-Americans during World War II. While the decision upheld the internment at the time, it has since been widely criticized as a violation of the Rule of Law and civil liberties, serving as a cautionary example of the importance of upholding individual rights.

4. [13]Kesavananda Bharati v. State of Kerala (1973) – India:

   – In this Indian case, the Supreme Court established the “basic structure doctrine,” which holds that certain features of the Constitution are beyond the amending power of the legislature. This decision safeguards the core principles of the Constitution and reinforces the Rule of Law.

5. Saramaka People v. Suriname (2007) – Inter-American Court of Human Rights:

   – This case involved the rights of indigenous Saramaka people in Suriname to their traditional lands. The Inter-American Court’s decision emphasized the importance of respecting international human rights standards and the Rule of Law in addressing land disputes.

6. [14]In the case of Maneka Gandhi v. Union of India the Supreme court in clear words observed that Article 14 strikes at arbitrariness in state conduct and ensures fairness and equivalency in treatment. Article 21 also presuppositions that no person shall be deprived of his life and liberty except by the procedure established by law, therefore making the law supreme. Similar right also guarantees that no person is condemned except for the violation of law which is in force at the time of commission of an offence and isn’t fulfilled for the same offence twice

These cases represent a range of legal issues and jurisdictions, but they all highlight the significance of the Rule of Law in safeguarding individual rights, ensuring government accountability, and upholding the principles of justice and equality.

Rule of Law Today

The Rule of Law continues to be a foundational principle in ultramodern societies around the world. Its significance remains consummate in upholding justice, icing responsibility, guarding individual rights, and promoting a fair and orderly society. Then is an overview of the Rule of Law in moment’s environment

  1. Republic and Governance

– In popular countries, the Rule of Law is a foundation of governance. It ensures that tagged officers, government institutions, and public retainers operate within legal fabrics and are subject to the same laws as citizens.

2. Protection of Individual Rights

– The Rule of Law safeguards individual rights and freedoms, including freedom of speech, assembly, and religion. It ensures that individualities have access to legal remedies to cover their rights against government and private encroachments.

3. Responsibility and Transparency

– Government officers are held responsible for their conduct under the Rule of Law. translucency in decision- timber, open government practices, and mechanisms for checks and balances help abuses of power.

4. Legal Certainty

– Legal certainty is essential for profitable and social development. Investors, businesses, and citizens need to understand and trust the legal frame to make informed opinions and engage in profitable conditioning.

5. International Rule of Law

– The Rule of Law extends to international relations, where countries are anticipated to abide by international agreements, covenants, and morals. International institutions and courts, similar as the United Nations and the International Court of Justice, play a part in upholding the Rule of Law at the global position.

6. Challenges and Concerns

– Challenges to the Rule of Law persist in various forms. These include corruption, political hindrance in the bar, restrictions on civil liberties, and legal systems that may be hamstrung or inapproachable to marginalized populations.

7. Digital Age and Rule of Law

– The digital age presents new challenges to the Rule of Law, particularly in areas like cybersecurity, data sequestration, and online freedom of expression. Balancing technological advancements with legal safeguards is an ongoing concern.

8. Rule of Law indicators

– Associations like the World Justice Project produce Rule of Law indicators that rank countries grounded on factors similar as government responsibility, absence of corruption, and access to justice. These indicators give perceptivity into the state of the Rule of Law worldwide.

Conclusion

In conclusion, the Rule of Law stands as a bedrock principle that underpins just and indifferent societies, both nationally and internationally. It represents a system where no bone, be it individualities, government officers, or institutions, is above the law. As we have explored in this discussion, the Rule of Law plays a vital part in promoting republic, securing human rights, icing responsibility, and fostering profitable development. It provides a frame for resolving controversies, upholding individual liberties, and maintaining order within societies.

Throughout history, the conception of the Rule of Law has evolved, drawing from different philosophical and legal traditions. From ancient societies to contemporary popular countries, its principles have constantly shaped legal systems and governance structures. As a result, the Rule of Law serves as a universal ideal, transcending borders and societies, guiding nations toward justice and fairness.

nevertheless, the Rule of Law endures as an important force for positive change. It empowers citizens to hold their governments responsible, ensures equal protection of rights, and fosters trust in institutions. International organizations and alliances further promote its principles on a global scale, backing the significance of adhering to international law and morals.

As we look to the future, it’s clear that the Rule of Law will remain at the front line of legal and political conversation. Its principles will continue to guide nations in their pursuit of justice, equivalency, and substance. It reminds us that a society governed by laws and principles, where justice prevails, isn’t only attainable but essential for a more just and harmonious world.

References:

[Accessed 4 Oct. 2023].

[Accessed 5 Oct. 2023].

[1] “No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land. To no one will we sell, to no one deny or delay right or justice.

Brian Z. Tamanaha, On the Rule of Law: History, Politics, Theory (2004)

[2] “That “rule of law,” then, which forms a fundamental principle of the constitution, has three meanings, or may be regarded from three different points of view. It means, in the first place, the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government. (last visited- 3 October 2023)

ResearchGate. (n.d.). (PDF) The Rule of Law: Its Origins and Meanings (A Short Guide for Practitioners). [online] Available at: https://www.researchgate.net/publication/255726723_The_Rule_of_Law_Its_Origins_and_Meanings_A_Short_Guide_for_Practitioners.  (last visited- 3 October 2023)

[3] Mahawar, S. (2022). Rule of law. [online] iPleaders. Available at: https://blog.ipleaders.in/rule-of-law-2/.

[4] Choi, N. (2019). Rule of law – Challenges to the rule of law | Britannica. In: Encyclopedia Britannica. [online] Available at: https://www.britannica.com/topic/rule-of-law/Challenges-to-the-rule-of-law. (last visited- 4 October 2023)

[5] Sehgal, D.R. (2020). Rule of law and its relevance. [online] iPleaders. Available at: https://blog.ipleaders.in/rule-law-relevance/

[6] Constitution of India. (n.d.). Article 21: Protection of life and personal liberty. [online] Available at: https://www.constitutionofindia.net/articles/article-21-protection-of-life-and-personal-liberty/#:~:text=of%20India%201948 – [Accessed 5 Oct. 2023].

[7] Unacademy. (n.d.). Article 39A 42nd Amendment (Free Legal Aid). [online] Available at: https://unacademy.com/content/clat/study-material/legal-reasoning/article-39a-42nd-amendment-free-legal-aid/#:~:text=Article%2039A%20imposes%20an%20obligation  [Accessed 5 Oct. 2023].

[8] PART IV DIRECTIVE PRINCIPLES OF STATE POLICY. (n.d.). Available at: https://www.mea.gov.in/Images/pdf1/Part4.pdf

[9] Drishti IAS. (n.d.). Judicial Review. [online] Available at: https://www.drishtiias.com/daily-news-analysis/judicial-review-1  [Accessed 5 Oct. 2023].

[10] ANNEXURE II 1. EQUALITY RIGHTS (ARTICLES 14 18). (n.d.). Available at: https://www.iitr.ac.in/internalcomplaintscommittee/annexure.pdf.

INDIA CONST. art. § 13, §14, §15, §16, §21,‌§39A, §32, §part 3,4

[11] Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)

[12] Anisminic Ltd v Foreign Compensation Commission [1969] 2 A.C. 147 (17 December 1968)

[13] www.drishtiias.com. (n.d.). Drishti IAS Coaching in Delhi, Online IAS Test Series & Study Material. [online] Available at: https://www.drishtiias.com/printpdf/basic-structure-doctrine-kesavananda-bharati-case  [Accessed 5 Oct. 2023].

[14] Maneka Gandhi v. Union of India, AIR 1978 SC 597

PDF 📄
Exit mobile version