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30 Supremo Amicus [1] (2022)

handle is hein.journals/supami30 and id is 1 raw text is: SUPREMO AMICUS f VOLUME 30 1 JUNE, 2022 ISSN 2456-9704 THE RULE OF LAW AND ITS MODERN CONCEPT- A COMPARATIVE STUDY By Nikita Deo Singh & Dr. S.K. Bose Research Scholar & Professor respectively From Manav Rachna University Abstract This paper is intended to give a new dimension to the rule of law. Rule of law has been discussed with various details giving it a new angle. A comparative analysis has also been done in this paper by the author. This paper is an insight into the concept of rule of law and the need of rule of law even today. Introduction Rule of law means preventing or restricting the use of arbitrary exercise of power and promoting equality for all the citizens. In simple words it can be interpreted that law is above all including government or the King. This research paper gives a clarity regarding the meaning of rule of law and its historical perspective which is very important in order to study the rule of law in detail. The most famous concept of rule of law by Dicey has also been discussed. Universal aspect of rule of law has also been explained with a comparative analysis of rule of law in India and United Kingdom. The exceptions to the rule of law has also been studied as it gives an understanding regarding the limitations of rule of law. At last, the modern concept of rule of law has also been discussed which makes it clear that in this modern world, rule of law is still needed without which democracy is nothing. The author in this paper has studied the concept of rule of law with a new angle and has tried to show that rule of law will always be required in every democratic country in order to ensure justice and equality to the citizens. Meaning of Rule of Law Rule of law means that no man is above law and every person is subject to the jurisdiction of ordinary courts of law irrespective of position and rank. The phrase rule of law has been derived from the phrase la principle de legalite which implies principle of legality. According to Black's Law Dictionary, Rule of Law means legal principles of day to day application, approved by the governing bodies or authorities and expressed in the form of logical proposition. According to Oxford Advance Learner's Dictionary, Rule of Law means the situation in which all the citizens as well as the state are ruled by the law. According to Sir Edward Coke, Rule of law means the absence of arbitrary power on the part of government. Thus, in simple words, rule of law means supremacy of law and that nothing is above law. The government or the king also have to abide by the law Historical Perspective of Rule of Law Sir Edward Coke, the Chief Justice in James I Reign was the originator of the rule of law. The Greek Philosophers including Aristotle, Plato, Cicero etc. were the ones who first wrote about the doctrine of rule of law. For example, according to Aristotle, Law should govern and those who are in power should be servants of law. PIF 6.242 www.supremoamicus.org PIF 6.242 www.supremoamicus.org

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