Rule of Law
DOI:
https://doi.org/10.37591/jclj.v2i2.377Keywords:
Rule of law, good governance, legistative powers, supreme patent,democracyAbstract
Rule of Law is a global concept and has been taken from the Latin word ‘linguafranca’ which means it is a specific language in the field of law and therefore it is an universal concept which was then discussed by many ancient, medieval and Greek philosophers and jurists such as Aristotle, Hayek, Plato, Montesquieu, &Locke that law must govern people and not vice-versathey were of the thought that those who are already in power should be the servants of laws[1]. Rule Of Law is the only supreme patent of human creatures and is ‘liguafranca’of global thought. It reflects in the constitution through the concept of good governance and democracy. It is a universal concept which was It is fetched from the french phrase ‘la principe de legalite’ which means ‘The Principle of legality’ and proves to be the necessary conditions for the implementation of the ‘Rule of Law’ which give emphasis on the legislative powers of the state but that alone does not ensure the fact that all the powers constraint in a state are with due process and diligence[2].However for the practical knowledge of the rule the paper is needed to be read.
References
1. Kelsen, Hans (1928) “The Idea of Natural Law,” in his Essays in Legal and Moral Philosophy (1973) ed. O. Weinberger, trans. P. Heath .Dordrecht: Reidel; Kelsen, Hans (1945). General Theory of Law and State, trans. A. Wedberg, repr. 1961. New York: Russell and Ru ssell; Kelsen, Hans (1967). Pure Theory of Law, trans. M. Knight. Berkeley: University of California Press.
2. “Grundnorm” is a German word meaning "fundamental norm." Hans Kelsen in his Normative Theory of Law he coined the term to refer to the fundamental norm, order, or rule that forms an underlying basis for a legal system. Wilkes V. Wood, 1763 19 St Tr 1153.Entick V. Carrington, 1765 19 St Tr 1030.
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9. https://worldjustice.project.org/our- work/wjp-rule-law-indexwjp-rule-law- index-2017%E2%80%932018. Cite this Article Srishti Singhal . Constitutional Law and Jurisprudence . 2019; 2(2): 1–6p.
