RULE OF LAW AND DEMOCRACY

Abstract

The concept of the Rule of Law, which describes how states are governed, has been around for millennia. Rule of Law entails that all institutions, including the government, must uphold the supremacy of the law as opposed to Rule by Law, which places the government above the law and uses the law to govern. One of the goals of this study is to show that the rule of law is essential to democracy and that solely caring about the rule of law during elections is insufficient to maintain democracy. The study aims to establish that the principles of democracy are strongly related to the Rule of Law. In addition to this, it establishes how philosophers from time to time have reiterated how the law is above the king. This study has also compared the modern concept of rule of law to the traditional theory and bursts the misconception that Parliament Sovereignty is above the Rule of Law. The paper also mentions a few landmark judgements which have set a great impact on society and have helped in limiting the powers of government. In India, no organization may assert ultimate authority. Parliament is sovereign to the extent that it enacts laws in accordance with clearly defined constitutional processes and according to procedural guidelines established by Parliament and state legislatures. The Constitution may only be amended by Parliament, subject to the procedural rules outlined in the document and the Supreme Court's interpretation of the law. But the ability to change the Constitution's fundamental provisions is not included in that power.