Rule of Law : Meaning and Basic Features

Rule of Law :

Englishmen are ruled by the law, and by the law alone; a man with us may be punished for a breach of law, but can be punished for nothing else. - Dicey.

The concept of rule of law is one of the distinguished features of the English constitution, later an accepted creed in almost all democratic countries.

It emerged out of the struggles of centuries of Englishmen for political freedom and individual liberty. It is antithetical to 'Administrative law,' which is prevalent in the continental countries like France.

Rule of law has been studied in detail in this 'introduction to the Law of the Constitution' by A.V.Dicey.

Meaning of Rule of Law :

By rule of law, it is meant that administration is run strictly in accordance with law. There is no room for exercising arbitrary powers by any authority. All are under the same law and none is over and above the law.

No man or institution is empowered to award punishment to any individual arbitrarily. All are subject to the same law irrespective of their rank or status and no discrimination is made for the purpose of administering justice. All are equal before law and all are tried in the same courts.

Basic Features :

The basic features of rules law are :

1. No special rights :

Law does not recognize any special rights or privilege for any individual or group of individuals. Law is supreme not individuals.

2. Equality before law :

Law does not make any distinction between one person and another on the basis of race, religion, sex etc. All are equal before law.

3. Predominance of legal spirit :

This is to mean that no man is punished without a proper trial. No person is deprived of his life, liberty and property except for a breach of law established in a court of law. No person is above law. All persons private citizens and government officials are subject to the same law. There is no separate law for government officials. All are tried by the same courts and the same law is applicable to all. In brief, rule of law implies absence of illegal imprisonment and illegal punishment.

Decline of the Rule of law :

The concept of rule of law as explained by dicey is no longer found in England today. Due to the growth of delegated legislation, advent of administrative tribunals, changed socio - economic circumstances, the emergence of welfare state and the immunities enjoyed by various categories of people, the scope of rule of law is gradually declining.