About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

30 Supremo Amicus [1] (2022)

handle is hein.journals/supami30 and id is 1 raw text is: SUPREMO AMICUS

VOLUME 30 1 JUNE, 2022

ISSN 2456-9704

By Nikita Deo Singh & Dr. S.K. Bose
Research Scholar & Professor respectively
From Manav Rachna University
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.
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
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
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


What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most