RULE OF LAW

SYNOPSIS ;
· INTRODUCTION
· MEANING OF RULE OF LAW
· DEFINITION OF RULE OF LAW
· HISTORICAL EVOLUTION OF RULE OF LAW
· VIEWS OF VARIOUS JURISTS ABOUT RULE OF LAW
a. Edward Coke b. A.V.Dicey
· VIEWS OF A.V.DICEY
a.
b.
c.
· CRITICISM OF DICEY'S OPINION
· RULE OF LAW UNDER THE CONSTITTUTION OF PAKISTAN
· CASE LAWS
· CONCLUSION

INTRODUCTION
The expression 'Rule of Law' has been derived from the French phrase 'la principle de legalite', i.e. a
Government based on the principles of law. It was expounded for the first time by Edward Coke, and was
developed by Prof. A.V.Dicey in his book 'The law of the Constitution' published in 1885.

MEANING OF RULE OF LAW

The rule of law does not have a precise definition, and its meaning can vary between different nations
and legal traditions. Generally, however, it can be understood as a legal-political regime under which the
law restrains the government by promoting certain liberties and creating order and predictability
regarding how a country functions. In the most basic sense, the rule of law is a system that attempts to
protect the rights of citizens from arbitrary and abusive use of government power.A government that
abides by the rule of law is seen as good and worthy of respect.

Legal Meaning of the Term under Black‘s Law Dictionary , A substantive legal principle

➢ Offence must be punishable under the law

➢ Government under law

➢ Individuals rights must not be infringed

➢ All are subject to law

➢ Law which rules the land is supreme & not the arbitrary will of the ruler

DEFINITION OF RULE OF LAW

 · The rule of law means the absolute supremacy or predominance of the regular law as
opposed to the influence of arbitrary power and excludes the existence of arbitrariness or
even of wide discretionary authority on the part of the government.”
The Law of the Constitution by Dicey, 1885

· According to Black's Law Dictionary , rule of law is defined as ,

"The doctrine that every person is subject to the ordinary law within the jurisdiction"

· According to Wade ,
"A rule of law requires that Government should be subject to the law rather than law subject to
Governement"

HISTORICAL EVOLUTION OF RULE OF LAW

Although credit for popularizing the expression "the rule of law" in modern times is usually given to A. V.
Dicey, development of the legal concept can be traced through history to many ancient civilizations

Under the English legal system the rule of law can trace its history back to the charter of Magna Carta. In
1215, civil war in England between powerful barons and King John ended when the barons forced the
king to sign a document called Magna Carta (Great Charter). The charter set out the feudal rights of the
barons and stated that the king could continue to rule but must keep to the established laws and
customs of the land. It was the first written document compelling an English king to act according to the
rule of law. Some of the more general rights and liberties in the charter have become part of the English
and American constitutions and have influenced democratic government throughout the world.

VIEWS OF EDWARD COKE

VIEWS OF A.V.DICEY

CRITICISM OF DICEY'S EXPOSITION

RULE OF LAW UNDER THE CONSTITTUTION OF PAKISTAN

In Preamble of the Constitution ;

Therein shall be guaranteed fundamental rights, including equality of status, of opportunity and before
law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and
association, subject to law and public morality;

Following Articles of the 1973 Constitution of Pakistan enclose Dicey's concept of rule of law.

Article 4 Right of individuals to be dealt with in accordance with law, etc.

(1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of
every citizen, wherever he may be, and of every other person for the time being within Pakistan.

(2) In particular :-
 (a) no action detrimental to the life, liberty, body, reputation or property of any
person shall be taken except in accordance with law;

(b) no person shall be prevented from or be hindered in doing that which is not
prohibited by law; and

(c) no person shall be compelled to do that which the law does not require him
to do.

Article 25 Equality of citizens.

(1) All citizens are equal before law and are entitled to equal protection of law.

(2) There shall be no discrimination on the basis of sex

CASE LAWS
· Texas v. Johnson, case in which the U.S. Supreme Court ruled on June 21, 1989, that the burning
of the U.S. flag was a constitutionally protected form of speech under the U.S. Constitution’s First
Amendment. In the words of Justice Kennedy,
“... the flag is constant in expressing beliefs Americans share, beliefs in law and
peace and that freedom which sustains the human spirit. The case here today forces
recognition of the costs to which those beliefs commit us. It is poignant but fundamental
that the flag protects those who hold it in contempt ”

CONCLUSION