RULE OF LAW IN UK , US AND INDIA

PRINCIPLE OF RULE OF LAW IN UK

In the UK, the arbitrary powers of the monarchy system led to the development of the rule of law across the nation. Earlier, there
was an unwritten constitution of the UK as what the king says is to be followed. So, the Rule of Law was adopted in 1215 by the
then king of the UK, King John, when he accepted the Rule of Law by signing the great charter, Magna Carta.

The Magna Carta

The Magna Carta was the first written instrument that restricted the in-hand power of the then king of the UK, King John, and
confined him with only those powers that could ensure good governance across the nation. This made it bluntly clear that
nothing was above the law, not even the king. This led to a huge battle between the monarch and the parliament. But the charter
reflected the superiority of law, which was its greatest work of principle.

Dicey’s View

Several philosophers have contributed to determining the nature of the rule of law that they convey to the world in their own
specific manner. Of all the philosophers, the view of Dicey is of extreme importance for understanding the principle. Dicey was
the core exponent of the rule of law. According to him, the rule of law possesses three main attributes, as discussed below:
The superiority of the law

According to Dicey, the component of the rule of law establishes that nothing is superior to the law. It recognizes the supremacy
of the democratic government by opposing arbitrariness, which violates basic individual rights.
Equality amongst law

In a democratic government, every citizen belonging to the nation is considered equal in front of the law. Equality under the law
is the cardinal gist of non-arbitrariness and thus establishes the uniform and harmonized status of every person. They are
treated equally and are given equal rights and powers to exercise them.
Judiciary protects the individual right

The main essence of the superiority of law must abide with true wisdom and fair and just legal principles. Hence, in the case
where there is an infringement of individual rights, it will be the judicial authority to retain those rights.

The philosopher observed, that in England, the principle was applicable in only certain cases like the wrongful arrest of the
individual by the police as a private individual or when the land of an individual is acquired through an illegal order. In these
cases, an individual is granted the power to invoke a suit for damages and against trespass.

Further, Dicey determines three important principles of the rule of law upon which English constitutionalism is based i.e., the
absence of discretionary power, no individual should be deprived of his property except in case of breach of the law; and the
rights of individuals shall be derived from their customs and traditions.

In the United Kingdom, the principle of the rule of law contributes in the following ways:

1. The law shall be translated by the judiciary in such a manner that it sets a pertinent
standard for the principle of law.
2. Every law should be accessible to the entire nation.
3. The law shall implement every order effectively.
4. The law should establish a fair and just relationship between individuals and the law.
PRINCIPLE OF RULE OF LAW IN US

In the US, the rule of law functions upon certainty, continuity, transparency and consistency against arbitrariness, inconsistency
and uncertainty in American government functioning. These are the main essence of the US rule of law contained in the US
constitution.
 RULE OF LAW IN UK , US AND INDIA

PRINCIPLE OF RULE OF LAW IN UK

In the UK, the arbitrary powers of the monarchy system led to the development of the rule of law across the nation. Earlier, there
was an unwritten constitution of the UK as what the king says is to be followed. So, the Rule of Law was adopted in 1215 by the
then king of the UK, King John, when he accepted the Rule of Law by signing the great charter, Magna Carta.

The Magna Carta

The Magna Carta was the first written instrument that restricted the in-hand power of the then king of the UK, King John, and
confined him with only those powers that could ensure good governance across the nation. This made it bluntly clear that
nothing was above the law, not even the king. This led to a huge battle between the monarch and the parliament. But the charter
reflected the superiority of law, which was its greatest work of principle.

Dicey’s View

Several philosophers have contributed to determining the nature of the rule of law that they convey to the world in their own
specific manner. Of all the philosophers, the view of Dicey is of extreme importance for understanding the principle. Dicey was
the core exponent of the rule of law. According to him, the rule of law possesses three main attributes, as discussed below:
The superiority of the law

According to Dicey, the component of the rule of law establishes that nothing is superior to the law. It recognizes the supremacy
of the democratic government by opposing arbitrariness, which violates basic individual rights.
Equality amongst law

In a democratic government, every citizen belonging to the nation is considered equal in front of the law. Equality under the law
is the cardinal gist of non-arbitrariness and thus establishes the uniform and harmonized status of every person. They are
treated equally and are given equal rights and powers to exercise them.
Judiciary protects the individual right

The main essence of the superiority of law must abide with true wisdom and fair and just legal principles. Hence, in the case
where there is an infringement of individual rights, it will be the judicial authority to retain those rights.

The philosopher observed, that in England, the principle was applicable in only certain cases like the wrongful arrest of the
individual by the police as a private individual or when the land of an individual is acquired through an illegal order. In these
cases, an individual is granted the power to invoke a suit for damages and against trespass.

Further, Dicey determines three important principles of the rule of law upon which English constitutionalism is based i.e., the
absence of discretionary power, no individual should be deprived of his property except in case of breach of the law; and the
rights of individuals shall be derived from their customs and traditions.

In the United Kingdom, the principle of the rule of law contributes in the following ways:

1. The law shall be translated by the judiciary in such a manner that it sets a pertinent
standard for the principle of law.
2. Every law should be accessible to the entire nation.
3. The law shall implement every order effectively.
4. The law should establish a fair and just relationship between individuals and the law.
PRINCIPLE OF RULE OF LAW IN US

In the US, the rule of law functions upon certainty, continuity, transparency and consistency against arbitrariness, inconsistency
and uncertainty in American government functioning. These are the main essence of the US rule of law contained in the US
constitution.