LUMBINI BOUDDHIST UNIVERSITY

MEGHA NATH KHANAL

LAW FACULTY
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 Rule of Law
 The term Rule of law is derived from the French phrase la “ principle de Legality”

which refers to governed based on principle of law not of man. In general sense rule of

law means the rule according to the law or supremacy of law.

 According to Aristotle, Government by law is superior then government by men.

During 13th century English writer Bracton wrote that : The king should not be under

the men but under the god and the law. in this way the concept is deemed very old,

however the phrase rule of law only enter common parlance in the nineteenth century

by Albert V. Diecy in his book “introduction to study of laws of the constitution” He

put forward three element of rule of law.

 Absence of Arbitrary power

 Equality before the law

 Constitution is the result of the ordinary law of land

Evolution of the Concept of rule of law.
 In primitive society, there were no rule to regulate the society.

 Power was the only central force which derived the society and power holders enjoyed
the right.

 Society was operated on the basis of Oligarch, Aristocracy and religious myths.

 The society was not democratic.

 People started developing codified law.

 Aristotle said that government by law is superior then government.

 Magna carta 1215 , also restricted the unlimited powers of the king. Magna carta
provisioned that the justice must be done as per law and the punishment must be
according to the decision of the judge. “ No freeman shall be taken or imprisoned or
disseized or exiled or in any way destroyed, or will we go upon him nor send upon him,
except by the lawful judgment of his peers or by the law of the land”(Article 39)

 It started that no one shall deprived of their right and justice should be neither delayed
of denied, similarly, it adopted the view to ban the trade of human.( Article 40)

This declaration is considered as a land mark in the history of rule of law.

 Chief justice Edward Coke said, any law made against natural justice shall be declared
void through judicial review. No one can be judge in his own case and the justice
delivering power is a duty of justice rather than kings are the major contribution of CJ
Coke in the development of the rule of law.

 The petition of right, 1628 and bill of right 1898, were the major document for the
protection of the right of citizen of Britain and were important to bring the king under
law.

 In 1776 the American people gained independence from Britain. With the declaration
of the independence, the declaration of the independence play a vital role to established
rule of law in America. The constitution of united state of America promulgated on
1787, and its amendment helped to established the fundamental right of the citizen .
 In the case of Marbury v. madison 1803, the supreme court of America using the power
of judicial review enforce the concept of rule of law in its judgment. The court for the
first time exercised the jurisdiction to declare law unconstitutional.

 Similarly, in Brown v. Board of education The equality was made between the black
and white by ensuring the black and white kids to study in the same school.,
Basis/ Element of the Rule of law
 Absence of Arbitrary power
 Equality before the law
 Legality of the government Action
 Independent judiciary
 Right to judicial review
 Clear, Transparent and Stable law
 Principle of natural justice
 Easy Access to get justice
 Separation of power and check and balance.
 Accountability
 Reliability
 Periodic election
 Supremacy of law.
Challenges/ obstacles in the implementation of Rule of law.

 Corruption
 Delayed justice
 Issue of independent judiciary
 Weak performance of political leadership
 Situation of law and order
 Internal war
THANK YOU