Indian Journal of Law and Legal Research Volume V Issue II | ISSN: 2582-8878

CONCEPT OF RULE OF LAW AND MORALITY IN RULE OF

Geethika Katakam, B.B.A LL.B (Hons.), Alliance School of Law, Alliance University

ABSTRACT

“Human rights are universal, indivisible, interdependent, and related,” as

Rule of Law defines itself that is Rule of Law means “rule of law” and not
the “rule of men”.

So, the concept of Rule of Law is, no one will be above law, each and every
person, from any government official to a common man has to abide by the
law. The doctrine of Rule of Law is referred as Supremacy of Law so it
means even the Executor and the Legislature are not beyond the law.

In this article titled Concept of Rule of Law and Morality in Rule of Law, I
will be discussing about meaning and concept of Rule of Law, basic
principles of Rule of Law, Rule of Law proposed by A.V Dicey, then after
Morality and Morality in Rule of Law.

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Indian Journal of Law and Legal Research Volume V Issue II | ISSN: 2582-8878

1. INTRODUCTION

1.1 MEANING AND CONCEPT OF RULE OF LAW:

The expression Rule of Law defines itself so; Rule of Law means ‘rule of law’ and not ‘rule
of men’.

Le principe de legalite, which translates to "the principle of legality" in French, is the source
of the English phrase "Rule of Law."

Many academics define the rule of law as the image of supreme authority that no individual
can surpass. According to Lord Denning in the Gouriet v. Union of Post Office Employees
case Law shall always be above everyone in the land, regardless of how strong or powerful
they may be.

One of the fundamental and overarching elements of the constitution is the rule of law.

The supremacy of the law is one way to describe the rule of law philosophy. It follows that no
one can be claimed to be above the law in a society where the rule of law exists, and even the
duties and operations of the state's executive branch must adhere to the letter and spirit of the
law.

In a parliamentary democracy, the rule of law places a duty on all citizens to adhere to the law,
and in order to do so, the legislation must be just and not capricious or harsh.

The goal of the rule of law, like other constitutional concepts, is to advance peoples' freedom
and basic rights. The concept of the rule of law was developed to ensure that the executive
branch does not repress or restrict the freedom of individuals as guaranteed by the bill of rights.

1.2 BASIC PRINCIPLES OF RULE OF LAW:

1. The doctrine of rule of law is made of many important basic principles. A few of them
are given below:
2. Supremacy of Law. Law is considered to be above everyone irrespective of an
individual’s power, status, or position.
3. Where Rule of Law is there all the actions of the legislature and the executive will be
in the accordance with law and even they are not above law.
4. No person should suffer due to the irregularity of the other person, in simple terms no
individual should be suffered due to some other person or authority. A person shall be

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punished only by the procedures given by law and he should be punished only when he
violates the given law.
5. The absence of irregularity and the voluntary decision-making is the heart and soul of
the concept of Rule of Law.
6. The Rule of Law provides the citizens in the country with equality before the law and
equal protection of the law.
7. In a country there are people who are holding some authority, such power of the
authority shall be exercised keeping in mind the boundaries and limitations that are set
by the law.
8. In Rule of Law, Law provides with the protection of people and justice to the people
against any Un-Democratic actions taken by the executive.
9. As the judiciary is the protector and the maintainer of the Rule of Law, it should be un
biased and independent.
10. A just process should be used for every decision made by the executive, and everyone
should be treated equally.
11. A swift trial is a fundamental element of the rule of law. It implies that "Justice
postponed is justice denied."

1.3 RULE OF LAW PROPOSED BY A.V DICEY:

As the leading proponent of the idea of the rule of law, it would be proper to discuss Dicey's
opinions. However, Sir Edward Coke was credited as the author of his theory. For the first
time, he stated that "King is under God and the Law." The three pillars that make up Dicey's
theory of the rule of law are founded on the idea that "a government should be based on
principles of law and not of men."

1. Supremacy of Law.

2. Equality before the Law, and

3. Predominance of Legal spirit.

Supremacy of Law:

The foundation of Dicey's idea of the rule of law is this. It implies that everyone is subject to
the law, including those who enforce it. Dicey claims that the rule of law is the total supremacy
of the law over the arbitrary power of the government. Alternatively put, a man should only be

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penalised for the specific violation of the law and not for anything else. The individual can only
be punished by the government in accordance with the law, not just by the government's fiat.

Equality before the law:

Equality before the law is the second crucial tenet of Dicey's idea of the Rule of Law. To put
it another way, regardless of status or position, every man is subject to ordinary law and the
authority of the ordinary court, not any special court. He contends that the principles of equality
are threatened by special laws and tribunals. He believes that everyone should be subject to the
same rules, which should also be decided by the same civil courts.

Predominance of Legal spirit:

Predominance of the legal spirit serves as the third pillar of Dicey's idea of the Rule of Law.
Dicey believed that there needed to be a body responsible for upholding the law, and he
discovered the courts to be that body. He held the view that since the courts upholds the system
of law, they ought to be independent of bias and outside pressure. Therefore, the judiciary's
independence is a crucial foundational element for the rule of law.

2. RULE OF LAW AND MORALITY

2.1 MORALITY:

Morality only pertains to a person's conscience in terms of whether or not a specific action is
right or wrong, good or bad. Morality typically provides the standard for the appropriate
assessment of our values.

Moral law is a set of rules for conduct. These rules may or may not be codified in writing,
governed by law, or a component of a particular religion.

For some, the concept of moral law is equivalent to that of divine rule. Others view moral law
as a collection of universal laws that ought to be followed by everyone. Most people believe
that natural law and God's commands through holy texts are the sources of morality. Morality
is a very individualized notion because it can be moral or religious.

2.2 MORALITY IN RULE OF LAW:

Since morality is a complement to the rule of law, there is a tight relationship between them.
However, it should still be regarded as a passing connection between the two since laws are
established and moulded by a legal consensus of right and wrong rather than moral principles.

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Furthermore, morality is never legally binding and has no constitutional worth, even though it
plays a role in the creation and modification of laws.

While morality puts the moral principles and consciences of the state's citizens first, the rule of
law prioritizes the supremacy of the law. For instance, a man has no obligation to aid beggars
or the poor, and he is free to ignore his elderly parents' health without fear of legal or criminal
repercussions. However, morality forbids such behavior because it amounts to immoral
behavior that is denounced by morality and ethics.

Although it is debatable, morality cannot be the only foundation from which laws have been
derived. Laws have a marginal origin in the morals and ethics developed in the society that
originally regulated people's behavior. It is acceptable to say that morality and the rule of law
have evolved along with civilization.

When evaluated from the perspective of the rule of law, what appears to be morally correct
may be contrary. While ethically the act may be justified when someone steals only to try to
support a needy person, this may not always be the case in terms of the rule of law.

Because in terms of the rule of law, someone who steals with good motives is just as guilty as
someone who steals with bad intentions. Regardless of whether something is done with good
intentions, according to the Rule of Law, no one is above the law.

In a different situation, a murderer may be cleared of all charges by the court and even have
their actions justified, but ethically speaking, the acquittal does not provide justice to the
victim's loved ones.

Morality is therefore only weakly present in the authority of law, despite being strongly
opposed to it.

3. CONCLUSION:

When considering the Rule of Law concept, it can be inferred that the idea has developed
quickly since its inception due to the vibrancy inherent in the theory itself. This development
can be credited to the numerous laws passed by parliament and the countless court decisions.

The rule of law states that moral behaviour should be used to persuade the populace rather than
decisions made at the whim of the governing class. It is crucial to keep in mind that laws should
be both comprehensive and specific, and that all citizens should equitably enforce them. The
judicial restraint on authorities is a fundamental aspect of constitutionalism. Constitutionalism

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holds that the aristocracy is not above the law, that legislation is passed by one group and
carried out by another, and that judicial independence exists to uphold the laws.

When a majority of jurists assert that morality and law are separate, some of them conflate the
two. But laws and values interact, respond, and influence one another. Morals have wormed
their way into the fabric of law in the name of fairness, equity, good faith, and conscience.

When creating, interpreting, and using judicial discretion, moral concerns are crucial.

The existence of morality in the rule of law is a hotly debated issue because on the one hand,
the law, whose supremacy is often praised in the rule of law, has its roots in morality, while on
the other, the same morals are only partially adapted in the process of application or practice
of such law.

REFERENCES:

https://indiankanoon.org

http://www.legalserviceindia.com/

https://blog.ipleaders.in/rule-law-relevance/

legalserviceindia.com/legal/article-3528-morality-in-rule-of-law

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