LORDS LAW COLLEGE

RULE OF LAW
1. INTRODUCTION
Rule of law is one of the most fundamental aspects of the modern legal system. It specifies
that the law is supreme, everyone is equal before the eye of the law and no one is above or
below the law. It is the basic principle of all the Constitutions of the world.
“Rule of law is a jewel of great value.”
[B. Dijkema]
2. MEANINGS
Rule of law means command or proper control of the law.

⬇
Rule of law

Command of law
3. DERIVATION
The term “Rule of Law” is derived from a French phrase, “La principle de legalite” which
means that; government should be based on the principle of laws.

4. DEFINITION
The definitions of the Rule of Law are given as under:
i. “The decisions should be made by the application of known principles of law without the
intervention of the discrimination in their application.”
[Blackstone]
ii. “The restriction of the arbitrary exercise of power by subordinating it too well defined
and established laws.”
[Oxford’s Dictionary]
iii. “The doctor that every person is subject to the ordinary law within the jurisdiction.”
[Black’s Law Dictionary]

5. DIFFERENT NAMES
Different names for rule of law are given as under:
According to Roman’s approach, it is, “Jus Naturale.”
According to Hobbes and Locke, it is, a “Social Contract.”
According to the Modern Approach, it is, the “Rule of Law.”

6. ORIGIN OF RULE OF LAW

 Rule of law is the product of the struggle of centuries.
We start from the most basic.
i. Aristotle 4 B.C
Aristotle was a classical scholar of Greece, according to him,
“Law should be the final sovereign”
Also, the right of individuals was discussed by Aristotle that
“Right of an individual should be treated by law”
(Aristotle)

ii. Magna Carta 1215

Magna Carta was the agreement between King John and the people.
“Government should proceed by law”
“To no one will we sell, to no one will we refuse or delay right or justice”
iii. Thomas Aquinas 16th Century
Thomas Aquinas argued that the rule of law represents the natural order of God,
“Law is an ordinance of reason for the common good, made by him who has care of
the community”.
iv. Edward Coke 17th Century
He was also a divine law supporter
“King ought to be under God and its laws”.
v. Jeremy Bentham 20th Century
He was a Jurist of the modern age and he advanced that for freedom, there should
be a rule of law
“Rule of law is necessary for freedom”.

7. A.V DICEY CONCEPT:

The rule of law is a concept which is capable of different interpretations by different people. Of
all constitutional concepts, the rule of law is also the most subjective and value-laden.
In Introduction to the Study of the Law of the Constitution, AV Dicey offers a detailed description
of the rule of law. Dicey argues that the rule of law has three main aspects:

1. The absence of arbitrary powers: No one can be made to suffer in body or goods except
for a distinct breach of law. In this sense, the rule of law is contrasted with every system
of government based on the exercise by persons in authority of wide, arbitrary, or
discretionary powers of constraint.
2. Equality before law: No one is above the law and every man and woman, whatever his
or her rank or condition, is subject to the ordinary law of the realm and amenable to the
jurisdiction of the ordinary tribunals.
3. General rules of constitutional law are the result of judicial decisions: The general
principles of Constitution (as, for example, the right to personal liberty, or the right of
 public meeting) are the result of judicial decisions determining the rights of private
persons in particular cases brought before the courts.

Dicey’s concept represents the classical approach to the concept of rule of law. Later this piece
of writing shall talk about some modern approaches to the concept of rule of law and analyze
whether Pakistan fulfils the requirements of rule of law.
8. Joseph Raz’s Approach to the Concept of Rule of Law
Joseph Raz’s approach to the concept of rule of law has been to propose minimum standards in
terms of the way laws are expressed and administered. Here, the emphasis has tended to be on
the need for rules and procedures which ensure that laws may be used for the protection of
rights and not just as a means of legitimizing the use of powers. Joseph Raz’s version of the
doctrine contained eight postulates (The Rule of Law and Its Virtues 1977).
I. The law should be general (i.e. not discriminate), prospective, open and clear.
II. The law should be relatively stable (i.e. should not be subject to frequent
and unnecessary alteration).
III. Open, stable, clear and general rules should govern executive law-making (i.e. the
law should identify the jurisdictional limits to the exercise of delegated legislative
powers).
IV. The independence of the judiciary should be guaranteed.
V. The application of the law should accord with the rules of natural justice (i.e. the
rule against bias and the right to a fair hearing).
VI. The courts should have a power of review over lawmaking and administrative action
to ensure compliance with these principles.
VII. The courts should be easily accessible (i.e. individual recourse to justice should not
be hindered by excessive delays and expense).
VIII. The discretion of the crime preventing agencies should not be allowed to pervert the
law (i.e. such agencies should not be able to choose which laws to enforce and
when).
9. International Commission of Jurists’ Approach to the Concept of Rule of Law
International Commission of Jurists in 1959 (usually referred to as the Declaration of Delhi)
declared that the purpose of all law should be respect for the ‘supreme value of human
personality’, and that observance of the rule of law should entail the following:
1. The existence of representative government;
2. Respect for the type of basic human freedoms contained in the United Nations’
1948 Universal Declaration of Human Rights and the 1950 European Convention on
Human Rights;
3. Absence of retrospective penal laws;
4. The right to bring proceedings against the state;
 5. The right to a fair trial including the presumption of innocence, legal representation, bail
and the right to appeal;
6. An independent judiciary; and
7. Adequate control of delegated legislation.
10. Lord Bingham’s Approach to the Concept of Rule of Law:
Lord Bingham was the preeminent judge of his generation and a passionate advocate of the
rule of law. Tom Bingham held office successively as Master of the Rolls, Lord Chief Justice of
England and Wales and Senior Law Lord of the United Kingdom, the only person ever to hold all
three offices. Following are Lord Bingham’s Eight Principles of the Rule of Law:
1. The law must be accessible and so far as possible, intelligible, clear & predictable;
2. Questions of legal right and liability should ordinarily be resolved by application of the
law and not the exercise of discretion;
3. The laws of the land should apply equally to all, save to the extent that objective
differences justify differentiation;
4. Ministers and public officers at all levels must exercise the powers conferred on them in
good faith, fairly, for the purpose for which the powers were conferred, without
exceeding the limits of such powers and not unreasonably;
5. The law must afford adequate protection of fundamental human rights;
6. Means must be provided for resolving without prohibitive cost or inordinate delay, bona
fide civil disputes which the parties themselves are unable to resolve;
7. Adjudicative procedures provided by the state should be fair; and
8. The rule of law requires compliance by the state with its obligations in international law
as in national law.

11. CASE LAWS

Some important cases with respect to the principle of rule of law are as under
 Entick vs Carrington 1765
In this case, the principle of rule of law laid down “No king above the law”

 Brown Vs Board of Education 1954

There is the best example of rule of law according to this case law “Discrimination is
not allowed by law”.
  Imran Khan Niazi Vs Mian Nawaz Sharif 2017
This case law is the present example of rule of law according to the decision of the
Supreme Court of Pakistan, “there is no man above the law”

12. ASPECTS OF RULE OF LAW

Different aspects of rule of law are given as under:
 Government must be under the law
 Supremacy of parliament
 Rights must not be infringed
 All are subject to the law
 The offense must be punished under the law
13. CHARACTERISTICS
 Fair and impartial trial
 Fair procedure
 No one can be condemned unheard (Audi alteram partem)
 no one should be a judge in their cause (Nemo Judex in causa sua)

14. MODERN CONCEPT

The modern concept of rule of law is based upon the following points;
 Law and order
 Fixed rules
 Good governance
 Independent judiciary
 Principle of natural justice
 Due process of law
 Separation of power
 Absence of arbitrary power

15. RULE OF LAW IN ENGLAND

Rule of law is an important feature of the UK’s Constitution.
Its development in England is given as under:
i. Magna Carta
ii. Petition of rights
iii. Bill of rights
iv. Habeas Corpus
Their Details are given as follows:

i. Magna Carta: (1215)

 Magna Carta was a great charter (agreement) between people and the King John of
England. It was the first formal agreement that limits the power of the king.
Magna Carta was the start of English legal history.
“Government should proceed by law.”
[Magna Carta]
“To no one will we sell or deny or delay, right or justice.”
[Magna Carta]
ii. Petition of Rights: (1628)
It is an English constitutional document. It deals with the protection of people from
the state. It also reduced the illegal and improper demand for taxes by the state.
iii. Bill of Rights: (1689)
It was also a constitutional document that sets out the Civil rights for Englishmen and
clarifies the legal heir of the Crown (King/Queen).
iv. Habeas Corpus:
It means illegal and improper detention of any person.

16. RULE OF LAW IN USA

Rule of law is an important characteristic of the constitution of the USA.
14th and 15th Amendments in the constitution of the USA reflect the Rule of Law and
ensure that no person shall deprive of liberty, life, or property in the due process of law.
Key Notes:
 14 and 15 amendments
 No person shall deprive of Liberty life property and due process of law

17. PAKISTAN
Article 4, 5 and 25 of the Constitution of Pakistan 1973 expresses the rule of law.
Article 4; Everyone should enjoy equal protection of the law and is to be treated by the
law.
Article 5; Freedom of association (Liberty)
Article 25; Equality before the law and equal protection of the law.
The introductory part of the Constitution is not part of the law
The principle of;
  Freedom
 justice
 tolerance
 equality
 democracy

 Shall be fully observed as announced as Islam.

 The rights of the individual must be dealt with according to law.
 Everyone enjoys the protection of the law.
 The treatment prescribed by law
 In particular, no action related to the life liberty reputation, or property of a person
should be taken except by the law.

18. CONCLUSION
To conclude, we can say that rule of law is one of the most fundamental aspects of the
modern legal system. It specifies that the law is supreme, everyone is equal before the
eye of the law, and no one is above or below the law. It is the basic principle of all the
Constitutions of the world.
“We cannot build foundations of a state without rule of law.”
[Mahmoud Abbas]