The Oxford English Dictionary has defined the rule of law in this way:[2] Various organisations are committed to promoting the rule of law. Among the many other points of happiness and freedom enjoyed by The subjects of Your Majesty of this Kingdom among your royal ancestors, kings and queens of this Kingdom, there is no one to whom they have attributed more love and preciousness than that, who can be guided and governed by the particular rule of law that gives both the head and the members who, to which they are rightly entitled. and not by an uncertain or arbitrary form of government. [25] This article contains text from a work with free content. Licensed under CC BY-SA License Statement/Permission. Text from Strengthening the Rule of Law through Education: A Guide for Policy Makers, 63, UNESCO. To learn how to add open-licensed text to Wikipedia articles, please visit this how-to page. For more information on reusing Wikipedia text, see the Terms of Use. The rule of law has long been part of the Indian legal system. Even before the word was coined by Lord Edward Coke and defined by A.V. Dicey, the rule of law existed in Indian society. The rule of law prevailed through the Dharma.

Nothing stood above the Dharma and it was a symbol of truth and justice, which meant that it was free from arbitrariness. He had a legal mind. In the current Indian legal system, the Constitution is the fundamental norm and all laws derive their validity from the Indian Constitution. Similarly, the Dharma was the basic norm in ancient India, and all legal texts and general rules of society derived their authority from the Dharma. Any act that contradicts the Dharma has been condemned. Similarly, Shruti was considered the highest of all texts and even enjoyed the status of supremacy. It can be inferred from this that the rule of law was prevalent in Indian society long before the term was known to the world. “These are undoubtedly the characteristics of the past and not logical derivations of the rule of law. Because the law may have a different content; It can protect the subject from despotism or give a tyrant the most ruthless power. It is not enough for the democrat to call for the rule of law – it all depends on the nature of this law. Any legal system that functions as a State governed by the rule of law; applies to both the Nazi state and a democracy.

[6] Article 13 of the Indian Constitution deals with laws that deviate from fundamental rights. Article 13, paragraph 1, deals with pre-constitutional laws and article 13, paragraph 2, deals with post-constitutional laws. The first asserts that such a law, which existed at the time of the application of the Constitution, is void insofar as it violates fundamental rights. The latter stipulates that the State must not enact a law that violates Part III, i.e. fundamental rights, otherwise it is void to the extent of the violation. Although the Constitution does not explicitly say anything about the rule of law, it can be observed that it is well anchored in Article 13 of the Indian Constitution. The author can be contacted at the following address: shivaraj@legalserviceindia.com Indian law is therefore based on a number of sources. The Hindu legal system began 3,000 years ago with the Vedas and contemporary (i.e. non-Indo-European) indigenous customs. Slowly, it developed by mixing, comparing and analyzing. After the Arab invasions in the 8th century AD, Islamic law was introduced in some areas, especially in the north. English common law is the rest of the law of the high courts of Bombay (now Mumbai), Calcutta (now Kolkata) and Madras (now Chennai); and sometimes, with the help of the relevant British laws, it is the residual law also in all other jurisdictions represented by the courts of the former East India Company, where “justice, equality and good conscience” have ensured the rule of law since 1781, while no Indian law or rule of personal law (e.B.

Hindu law) covered the point. The Portuguese and French used their own laws in their colonies. In British India, some British laws applied, and others remained in force. All the powers adapted their laws to local conditions, and the famous Anglo-Indian codes, adopted in India at regular intervals from 1860 to 1882, reflected the influence of the French and American models, as well as the English and Anglo-Indian models. During this period, Roman or civil law and continental legal theory were frequently cited, particularly in the Madras Supreme Court, to give India the advantage of the best available law; but because of codification and other influences, this source was soon exhausted. The interpretation of the Constitution has led to the introduction of certain American principles, and social and industrial laws are interpreted in the light of jurisprudence elsewhere in the Commonwealth. Western influence is also present in the treatment of personal law. The rule of law is defined in the Oxford English Dictionary as “[t]he authority and influence of law in society, particularly when seen as a constraint on individual and institutional behaviour; (hence the principle that all members of a society (including those who are part of the government) are also subject to publicly disclosed jurisdictions and processes. [ 2] The term rule of law is closely linked to constitutionalism and the rule of law and refers to a political situation, not a specific rule of law. [3] [4] [5] The old concept of the rule of law can be distinguished from the rule of law, according to political scientist Li Shuguang: “The difference.

is that the law is of paramount importance in the context of the rule of law and can serve as a control against abuses of power. According to the law, the law is a mere tool for a government that oppresses legalistically. [41] In summary, the Indian legal system has come a long way from the Dharma to the current constitution of India. But throughout its development, the rule of law has been present, albeit in different forms and under different names. Previously, the rule of law was applied by the Dharma, and as society developed and we approached the modern era, the rule of law has shaped its form and is now alive through the Constitution of India. Education plays an important role in promoting the rule of law and a culture of legality. Essentially, it provides an important protective function by strengthening learners` abilities to cope with and overcome life`s difficult situations. Young people can make an important contribution to a culture of legitimacy, and governments can provide educational support that fosters positive values and attitudes in future generations. [98] The principle was also discussed by Montesquieu in L`Esprit des lois (1748). [29] The term “rule of law” appears in Samuel Johnson`s Dictionary (1755). [30] The rule of law is seen as one of the key dimensions that determine the quality and good governance of a country.

[42] Research, such as the Global Governance Indicators, defines the rule of law as “the extent to which officers trust and respect the rules of society, in particular the quality of contract, police and court enforcement, as well as the likelihood of crime or violence.” [42] Based on this definition, the Global Governance Indicators project has developed aggregated measures of the rule of law in more than 200 countries, as shown in the map on the right. [43] [2] Lecture by Soli J. Sorabjee at Brandeis University, Massachusetts, April 14, 2010, available at www.brandeis.edu/programs/southasianstudies/pdfs/rule%20of%20law%20full%20text.pdf. Last seen on (23.09.2019). The purpose of the law is served by five “elements” of the rule of law: man`s natural freedom is to be free from any higher power on earth and not to be under man`s will or legislative authority, but only to have the natural law for his rule. Human freedom in society may not be subject to any legislative power other than the power established in the community by consent; always under the rule of a will or a restriction of a law, but under the rule of a certain law, but what this legislature must enact according to the confidence placed in it […].


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