Concept of Rule of Law with Regard to Supreme Court Judgment

Abstract

The rule of law is defined in the Oxford English Dictionary as the authority and influence of law in society, especially when viewed as a constraint on individual and institutional behaviour, hence the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes. The term rule of law is closely related to constitutionalism and refers to a political situation, not to any specific legal rule. The rule of law was further popularized in the 19th century by British jurist A. V. Dicey. However, the principle, if not the phrase itself, was recognized by ancient thinkers. Aristotle wrote: It is more proper that law should govern than any one of the citizens. This Research topic defines, the rule of law implies that every person is subject to the law, including people who are lawmakers, law enforcement officials and judges. In this sense, it stands in contrast to tyranny or oligarchy, where the rulers are held above the law. This Research paper emphasis, Lack of the rule of law can be found in both democracies and monarchies, when there is neglect or ignorance of the law. The rule of law is more apt to decay if a government has insufficient corrective mechanisms for restoring it. The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law. - Dwight D. Eisenhower The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing. - Caroline Kennedy