Rule of Law and Procedure Established by Law: A Comparative Analysis of Irish, Japanese and Indian Constitution

Abstract

Rule of law is the supreme manifestation of human civililization and culture. It is an eternal value of constitutionalism and inherent attribute of democracy and good governance. Theologian Rehind Niebhur noted years ago ‘The human capacity for justice makes democracy possible, but human inclination to do injustice to others makes democracy - and the rule of law - necessary.’ Rule of law has become an integral part of global moral thought, E.P. Thompson through not a lawyer but a famous thinker described ‘Rule of law’ to be ‘an unqualified human good’ and ‘a cultural achievement of universal significance’ faithfulness to Rule of law guarantees liberty, equality of opportunity, fairness and a well–functioning society in the face of those who, through ambition for power or wealth, would seek to impose their will on the less powerful. It is actually faith and commitment to rule of law that determines the growth and development of any democratic civilized society. As and if the faith in rule of law diminishes the social, political and economic fabric of society gets adversely affected. We are reminded of what Jawaharlal Nehru while addressing International Congress of Jurists on Jan 5, 1959 said “Rule of law seems to me synonymous with the maintenance of civilized existence.’’ Rule of law denotes a way of life and commitment to certain principles and values. Aptly describing the notion of Rule of law the former Attorney General of India Soli Sorbajee says. “ It is the priceless inheritance of our civilization” According to him “Rule of law symbolizes an enlightened civilized society’s efforts and quest to combine that degree of liberty without which law is tyranny with that degree of law without which liberty becomes license.” Great constitutional thinkers including Sir Ivor Jennings, Kord Radcliffe, Lord Denning, Lord Scarman, they all belongs to the school which consider Rule of law as a ‘way of life’ and ‘index of civilizational growth’. If we relate this concept of ‘Way of Life’ and ‘Index of Civilization’ with democracy in simplest words is ‘of the people, for the people and by the people; it is ‘rule of law which makes democracy of the people for the people and by the people in the sense’.