13-06-2012, 04:04 PM
DOCTRINE OF RULE OF LAW
DOCTRINE OF RULE OF LAW.ppt (Size: 139 KB / Downloads: 56)
la principe de legalite i.e. the principle of legality.
It refers to a government based on principles of law and not of man. In this sense the concept of la principe de legalite was opposed to arbitrary powers.
ORIGIN OF RULE OF LAW IN INDIA
In India the concept of Rule of Law can be traced to UPNISHAD.
It provides “LAW IS THE KING OF KINGS AND LAW IS MORE POWERFUL AND RIGID THAN KING.”
CONCEPT OF RULE OF LAW IN DEMOCRACY
In democracy the concept of Rule of Law means that the holders of public powers must be able to justify publically that the exercise of power is legally valid and socially just.
MODERN CONCEPT OF RULE OF LAW
The Modern concept of Rule of Law is fairly wide. It is developed by INTERNATIONAL COMMISSION OF JURIST, known as DELHI DECLARATION, 1959 which was later on confirmed at LAGOS in 1961.
The RULE OF LAW implies that the function of a government in a free society should be so exercised as to create conditions in which the dignity of a man as an individual is upheld.
PROMOTION OF RULE OF LAW IN INDIAN CONSTITUTION
The Indian Constitution seeks to promote RULE OF LAW through many of its provision :-
Parliament and Legislature are democratically elected on the basis of adult suffrage.
Constitution makes adequate provision guaranteeing independence of judiciary.
Judicial Review has been guaranteed through several constitutional provisions.