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Note on Rule of Law

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Rule of law
Rule of law

The legal principle for governing a nation is known as the rule of law. It is also known as ‘Supremacy of Law’, ‘Constitutional Supremacy’ etc. The rule of law implies that every citizen is subjected to the law including lawmakers themselves.

The concept of the rule of law is developed by a Scottish theologian named Samuel Rutherford while having an discussion against the almighty power of kings but it was popularized further by a British Jurist named AV Dicey in the 19th century. According to A.V. Dicey, there should be the following characteristics to be called as rule of law which are as follows:

  1. Supremacy of law
    The law should be supreme in the nation. No one can represent himself or herself above the law. No person shall be punished except the case of violation of the law. Autocracy and monopoly in governance are highly restrained.

  2. Equality in front of law
    No one is biased by law. Everyone is equal in front of the law. The level and status of people are not considered in the law.

  3. Source of law is constitution
    Constitution is regarded as the main law of the nation. The constitution is the main source of the law. Hence, all the laws implemented in the nation are the outcome of the constitution.

Principles of Rule of Law

Rule of law is a system in which the following four universal principles are upheld:

  • The government, its officials, agents as well as individuals and private entities are accountable under the law.
  • The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property.
  • The process by which the laws are enacted, administered, and enforced is accessible, fair and efficient.
  • Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient numbers, have adequate resources, and reflect the makeup of the communities they serve.

Basic elements of Rule of Law

  • Equality
  • Equity
  • Periodic election
  • Democracy
  • Human Rights
  • Good Governance
  • Limited role of the government
  • Separation of power
  • Balance of power
  • Transparency
  • Accountability
  • Independent judiciary

Need of Rule of Law

Rule of law is important to maintain the following aspects in the country:

  • Assurance of independent judiciary
  • Unbiased media
  • End of impunity
  • End of lawlessness
  • Good political knowledge
  • Supremacy of law
  • Peace and security
  • Feeling of belonging of all in the governing rule
  • Democracy formation and the government responsible towards the people
  • Promotion of social justice and equality

Obstacles in establishing rule of law in Nepal

The following are the obstacles in maintaining rule of law in Nepal:

  • Political instability
  • Misuse of power
  • Priority for the personal benefits or favor
  • Lack of proper mechanism to systematize policies
  • Lack of proper strategies to implement the rules of laws
  • Privatization of common issue
  • Fighting for rights but ignoring the duties

Ways to promote Rule of Law

Rule of laws should be maintained properly for producing loyal and honest generations who have the broad knowledge of the rules of laws of a nation. The following are some of the ways to promote rule of law:

  • The inclusive law should be formed.
  • Successful political culture should be practiced.
  • Corruption should be controlled.
  • People who perform the task against the rule of law must be punished.
  • People should be aware and practical that right and duties are to be taken side by side.
  • Social organizations should address the social problems prevailing in our society.
  • Feeling of nationalism should be developed.

  • The legal principle for governing a nation is known as the rule of law.
  • The rule of law is also known as ‘Supremacy of Law’, ‘Constitutional Supremacy’ etc. 
  • Rule of laws should be maintained properly for producing loyal and honest generations who have the broad knowledge of the rules of laws of a nation. 
  • Constitution is regarded as the main law of the nation. 
  • Everyone is equal in front of the law. 
.

Very Short Questions

The legal principle for governing a nation is known as the rule of law. It is also known as ‘Supremacy of Law’, ‘Constitutional Supremacy’ etc. The rule of law implies that every citizen is subjected to the law including lawmakers themselves.

The concept of the rule of law is developed by a Scottish theologian named Samuel Rutherford while having an discussion against the almighty power of kings but it was popularized further by a British Jurist named AV Dicey in the 19th century. According to A.V. Dicey, there should be the following characteristics to be called as rule of law which are as follows:

  1. Supremacy of law
    The law should be supreme in the nation. No one can represent himself or herself above the law. No person shall be punished except the case of violation of the law. Autocracy and monopoly in governance are highly restrained.
  2. Equality in front of law
    No one is biased by law. Everyone is equal in front of the law. The level and status of people are not considered in the law.
  3. Source of law is constitution
    Constitution is regarded as the main law of the nation. The constitution is the main source of the law. Hence, all the laws implemented in the nation are the outcome of the constitution.

Rule of law is a system in which the following four universal principles are supported:

  • The government, its officials, agents as well as individuals and private entities are accountable under the law.
  • The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property.
  • The process by which the laws are enacted, administered, and enforced is accessible, fair and efficient.
  • Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient numbers, have adequate resources, and reflect the makeup of the communities they serve.

The following are the basic elements of rule of law:

  • Equality
  • Equity
  • Periodic election
  • Democracy
  • Human Rights
  • Good Governance
  • Limited role of the government
  • Separation of power
  • Balance of power
  • Transparency
  • Accountability
  • Independent judiciary

The following are the obstacles in maintaining rule of law in Nepal:

  • Political instability
  • Misuse of power
  • Priority for the personal benefits or favor
  • Lack of proper mechanism to systematize policies
  • Lack of proper strategies to implement the rules of laws
  • Privatization of common issue
  • Fighting for rights but ignoring the duties

Rule of laws should be maintained properly for producing loyal and honest generations who have the broad knowledge of the rules of laws of a nation. The following are some of the ways to promote rule of law:

  • The inclusive law should be formed.
  • Successful political culture should be practiced.
  • Corruption should be controlled.
  • People who perform the task against the rule of law must be punished.
  • People should be aware and practical that right and duties are to be taken side by side.
  • Social organizations should address the social problems prevailing in our society.
  • Feeling of nationalism should be developed.

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  • The legal principle for governing a nation is known as the ______.

    power of juding
    rule of law
    rule of juris
    rule of direction
  • The concept of the rule of law is developed by a Scottish theologian named _______.

    S.P. Arora
    Samuel Rutherford
    Vicky Rutherford
    A.V. Dicey
  • Which one of them is not the basic element of rule of law?

    democracy
    inequaliy
    perodic election
    human rights
  • Which one of them is not the need of rule of law?

    ;i:4;s:16:
    Biased media
    ;i:2;s:25:
    ;i:3;s:31:
  • Justice is delivered timely by ______ representatives and neutrals.

    disobliging
    indecent
    competent
    dependent
  • You scored /5


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DISCUSSIONS ABOUT THIS NOTE

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Forum Time Replies Report
Rohan poudel

difference between rule of law and rule by law


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Elisa

What is state of law


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Don't kausal

Yes


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