Administrative Law_ Rule of Law

Rule of Law

  1. The Doctrine of Rule of Law is the basis of the Administrative Law.
  2. It is one of the most fundamental aspects of modern Legal Systems.
  3. Sir Edward Coke is said to be the Founder of the concept of Rule of Law and the theory of Rule of Law was developed by Prof. A.V.Dicey
  4. According to Prof. Dicey, the rule of law signifies three different but interrelated concepts namely -
      • The Supremacy of the Law
      • Equality before the Law
      • The predominance of Legal Spirit
  5. The Supremacy of the Law
    • According to Dicey, “the Supremacy of the Law” is the first principle of the Rule of Law.
    • It means no man is punished except for a breach of law.
  6. Equality before the Law
    • According to Dicey, “Equality before the Law” is the second principle of the Rule of Law.
    • It means no one is above the law. 
    • All are equal before the law.
  7. The predominance of Legal Spirit
    • “Predominance of Legal Spirit” is the third principle of the Rule of Law, as stated by Dicey.
    • According to Dicey, the law court should be the guarantor and protectors of the liberty of the citizens.
  8. The Doctrine of Rule of Law is accepted in the Constitution of India. It enunciates the triple concepts of justice, liberty, and equality.

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