To install StudyMoose App tap and then “Add to Home Screen”
Save to my list
Remove from my list
Throughout the course of the twentieth century, the emergence of democratic legislations and state welfare laws has significantly impacted the influence of natural law and common law. These laws, although often more liberal, sometimes impose limitations on the rule of law in the name of the nation's interest. The concept of the "Rule of Law" has been a subject of discussion and analysis in jurisprudence and legal theory for a considerable time. However, there has been limited attention given to the precise definition of the "Rule of Law." In essence, the Rule of Law signifies that the law should govern, and individuals should adhere to and obey it.
In simpler terms, it conveys the idea that no one is above the law, but the law is above all.
The doctrine of the Rule of Law was first introduced in the seventeenth century and further developed in the nineteenth century by the English jurist A.V.
Verified writer
Proficient in: Democracy
4.9 (247)
“ Rhizman is absolutely amazing at what he does . I highly recommend him if you need an assignment done ”
Dicey. Dicey is often regarded as the "Father of the Rule of Law" in legal discourse. However, the origins of this concept can be traced back to earlier thinkers. Sir Edward Coke, the Lord Chief Justice of England, was one of the first to promote the idea in the United Kingdom, which was later refined by Dicey. The concept of the Rule of Law finds its roots in the French term "la princpe da legalite," signifying that only just, good, and supreme law has legality. It emphasizes that the law should be the master of government rather than the government being the master of the law.
This notion can be traced back to Islamic jurisprudence in the Middle Ages, where it was established that no one, not even a Caliph, is above the established principles of the law. Even the decisions of monarchs were not considered supreme under this principle.
In modern times, the Rule of Law concept was further developed by various jurists, primarily as a response to the arbitrary exercise of government power. Judges played a significant role in the growth of this doctrine. One of the earliest instances of its application was seen in "The Case of Prohibition," judged by King James IV, where Chief Justice Sir Edward Coke rejected the idea that the Rule of Law could be determined by untrained monarchs. The historic Magna Carta of 1215 marked the beginning of the Rule of Law in England, as it curtailed the powers of King John and established the principle that even a monarch's authority is limited by the law. The Magna Carta laid the foundation for many democratic principles that are prevalent in the world today.
There are two fundamental conceptions of the Rule of Law: the formal and the substantial. In the formal conception, the focus is primarily on the adherence to legitimate rules, regardless of whether a law is just or not. This formal approach is often observed in Middle Eastern countries with strict legal systems. In contrast, the substantial concept delves deeper by not only defining the Rule of Law but also assessing the justness of the law itself. Dicey's principles of the Rule of Law offer several advantages. They serve as a means of curbing arbitrariness within the system and keeping administrative actions within prescribed limits. Government officials sometimes possess discretionary powers, which should not be exercised arbitrarily. Decisions should be made in the best interest of the public. Whenever conflicts arise, justice should be delivered to individuals based on established legal principles, rather than arbitrary rules set by individuals. Furthermore, no person should be deprived of their life or property unless a clear breach of established rules has occurred. In the famous case of Entick v. Carrington, it was asserted that individuals are free to enjoy or do anything that is not explicitly prohibited by the law.
Dicey's principles of the Rule of Law are based on three key elements. Firstly, it emphasizes the supremacy of the law over the arbitrary exercise of government power. This principle acts as a safeguard against the abuse of discretionary powers by the government. Secondly, it underscores the equality of all individuals before the law. According to Dicey, everyone should be subjected to the same legal rules and treated equally. Lastly, Dicey's third principle highlights the importance of an independent judiciary in upholding the rights of citizens. Judges should base their decisions on established legal principles, and their role is crucial in ensuring that the Rule of Law is upheld in society. Dicey was particularly concerned that statutes could be easily amended by parliaments, potentially leading to the erosion of citizens' rights. Hence, he advocated for a stable and established Rule of Law that could not be easily influenced by those in power.
However, it is essential to acknowledge that Dicey's principles have faced criticism from various jurists worldwide. One primary criticism is that Dicey placed too much emphasis on the supremacy of the law without sufficiently considering the justness or correctness of the law itself. This criticism suggests that certain laws may be contrary to human rights and justice, even if they are considered legal. Dicey's strict opposition to discretionary powers within the administration has also been criticized. Some argue that certain statutes grant absolute power to the police, especially in emergency situations aimed at maintaining peace and order. Such powers are necessary to prevent widespread violations of the law by the public. Dicey's second principle of treating all individuals equally under the law has faced criticism as well. Critics argue that this concept can be vague, as it does not account for the societal differences among individuals. Society consists of diverse groups with varying roles, duties, and privileges, making it challenging to treat everyone identically.
Despite these criticisms, Dicey's principles of the Rule of Law have served as a significant foundation for legal and political thought. They provide a valuable tool for checking arbitrariness within the system and ensuring that administrative actions remain within prescribed limits. The principle of equality before the law remains an essential aspect of democratic societies. However, it is crucial to recognize that the applicability of the Rule of Law may vary in different legal systems and should be adapted to the specific needs and challenges of each society.
The Rule of Law, as popularized by Dicey, continues to hold significance in governing states. It can be considered an idealistic concept that emphasizes that justice should be administered through recognized legal principles. In the present era, there is a compelling need for the Rule of Law, as we witness instances of miscarriages of justice and violations of law and order worldwide. Parliaments and governing bodies have become ineffective, failing to enforce established rules. Corrupt and self-serving governments often justify their oppressive legislations under the guise of the Rule of Law or supreme law.
In many monarchial or non-democratic countries, the concept of the Rule of Law has been adapted to serve the interests of the ruling authorities rather than the public. Rulers use laws to impose their will on the subjects, leading to widespread disenchantment with the government and its laws. Instances of rebellion and unrest, such as those in Arab countries like Libya, Syria, and Egypt, are manifestations of the people's loss of faith in the government and its laws. In such cases, it appears that there is no Rule of Law, but rather a rule by the people.
Even in democratic countries with established parliaments and governing bodies responsible for making laws and regulations, there are challenges in achieving the ideal of the Rule of Law. While democracy's ideology is meant to support the legal system and criminal justice, the electoral system often undermines it. In the United Kingdom, which once upheld the Rule of Law as the foundation of its governance, there have been instances of its erosion. Recent riots in London and political protests by students against self-funded education serve as examples of growing discontent and disillusionment with the system.
The term of the sentence for Rupert Murdoch, which was initially set at six weeks but reduced to just two weeks in jail, raised questions about the integrity of the legal system. These examples underscore the challenges and deviations from the principles of the Rule of Law. Nevertheless, there is still an opportunity to correct these issues by adhering to the strict principles outlined by Dicey. In light of the current global context, the doctrine of the Rule of Law may require slight modifications to address the specific challenges faced by different legal systems. It remains imperative that a just and effective Rule of Law be established. This entails treating equals equally, ensuring that no one is above the Law of the Land, and maintaining transparency and fairness in the legal system.
In conclusion, the Rule of Law occupies a central place in the governance of societies. It is based on the principle that there should be a systematic framework of laws applicable to all individuals, and these laws should be fair and effective rather than manipulative. While Dicey's principles of the Rule of Law have faced criticism and adaptation in various legal systems, they continue to serve as a foundation for ensuring that justice is administered through recognized legal principles. The Rule of Law remains essential in addressing the challenges of the twentieth century world order, where governments sometimes prioritize their interests over those of the public. As societies strive for transparency, equality, and justice, the Rule of Law serves as a guiding principle for achieving these noble objectives.
The Evolution and Challenges of the Rule of Law in the 20th Century. (2016, Mar 20). Retrieved from https://studymoose.com/rule-of-law-essay
👋 Hi! I’m your smart assistant Amy!
Don’t know where to start? Type your requirements and I’ll connect you to an academic expert within 3 minutes.
get help with your assignment
