Rule of law

1.Introduction

The idea of rule of law was introduced by dicey in 19 century. A basic basic principle of english law which
is also adopted by the constitution of USA and the constitution of pakistan it meas that all people are
equal before the law.

2.Meaning

* The term ‘Rule of Law’ has been derived from a French phrase ‘la principe de legalite’ and this French
phrase means principal of legality.

* rule of law means the supremacy of law

*According to oxford dictionary “ rule of law” means the situation in which all the citizens as well as the
state are ruled by the law.

3.DEFINITION OF RULE OF LAW:

 According to Aristotle Rule of Law defined as “Government by law is superior to Government by

men”.

 According to Wade, Rule of law requires that Government should be subject to the law rather
than law subject to Government.

4.Dicey theory of rule of law

It is also known as the traditional concept of rule of law.

According to Dicey rule of law has three meanings.

1) supremacy of law
2) Equality before law
3) Predominance of legal spirit

1) Supremacy of law: absolute supremacy of law.there should be absence of discretionary

power in the hands of govt officials.
2) Equality before law:there must be equality before the law or the equal subjection of all
classes.
3) Predominance of legal spirit: Rights can be made available to the citizens only when
they are property enforceable in the court of law.
Dicey’s theory of rule of law was never accepted fully even in his days. Many scholars
criticized his ttheory
5.Four Universal Principles of rule of law
*Accountability
The government as well as private actors are accountable under the law.
*Just Laws
The laws are clear, publicized, and stable; are applied evenly; and protect fundamental
rights, including the security of persons and contract, property, and human rights.
*Open Government
The processes by which the laws are enacted, administered, and enforced are
accessible, fair, and efficient.
*Accessible Justice
Justice is delivered timely by competent, ethical, and independent representatives and
neutrals who are accessible, have adequate resources, and reflect the makeup of the
communities they serve.
These four universal principles constitute a working definition of the rule of law. They
were developed in accordance with internationally accepted standards and norms, and
were tested and refined in consultation with a wide variety of experts worldwide.