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Rule of Law (R.O.L) - Legal ideology/concept
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Rule of Law (R.O.L) - Legal ideology/concept
08/16/2011 7:32 am

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Regist.: 08/16/2011
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Broader Sense:
-Law that passed must conform with certain minimum standard of law, acceptable by modern democratic system.
J.R: People should obey the law & be ruled by it.

Narrow sense:
Everyone must follow the law of regime. However, not very good as regime have autocratic law, religions discretionary.
J.R: Gov shall be ruled by the law and subjected to it.

Aristotle: R.O.L is preferable to that of any individual.
Government by law superior to government by man


A.V.Dicey:
1) No one is punishable in body / in goods, except for a distinct breach of law by ordinary courts of the land. R.O.L also against any wide arbitrary / discretionary power.
2) Equality above the law
No man is above the law. Irrespective of rank & status, all are equal before the law.
3)People rights and freedom are best protected under Common law than any formal Bills of Rights

Joseph Raz:
1) All Law are prospective, open and clear
2) Laws should be relatively stable
3) Making of law should be guided with open, stable & clear rule.
4)Independence of judiciary must be guaranteed.
5)Natural justice must be observed
6) Courts should exercise Judicial Review
7) Discretion of crime prevention agency should not be allow to pervert the law.
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