The Rule of Law refers to a legal principle that stands in contrast to the arbitrary rule of an individual or a political party. It is a fundamental element that underpins a democratic system, ensuring that laws govern the actions of individuals and institutions alike, rather than the whims of those in power. As such, the Rule of Law is essential for the functioning and stability of democracy.
According to A.V. Dicey the ‘Rule of Law’ embraces four separate features.
- No one should be punished except for breaches of law.
- There should be equal subjection to the law or ‘equality before law’.
- When law is broken, there must be a certainty of punishment.
- The rights and liberties of the individual should be embodied in the ‘ordinary law’ of the land. This would ensure that when individual rights are violated citizens can seek redressal through the courts.
The Rule of Law is a fundamental principle of Western liberal democracy, encompassing concepts like constitutionalism and limited government. It represents the ideals that many contemporary states strive to achieve, emphasizing the importance of governing according to established laws rather than the whims of individual leaders.
According to some scholars, the essential characteristics of the Rule of Law are:
- The supremacy of law means that all persons (individuals and governments) are subject to the law.
- A concept of justice which emphasises interpersonal adjudication, law based on standards and the importance of procedures.
- Restrictions on the exercise of discretionary power.
- The doctrine of judicial precedent.
- The common law methodology.
- Legislation should be prospective and not retrospective.
- An independent judiciary.
- The exercise by Parliament of the legislative power and restrictions on the exercise of legislative power by the executive.
- An underlying moral basis for all law.