You are here
page 141
What is the Rule of Law?
What the Rule of Law means
No one is above the law
Equality before the law
Equal protection of the law
↓
The law is supreme
- A fundamental principle of any democratic society.
- It means the law is supreme .
- It means three things :
1. No one is above the law
- The law applies to every person - minister, rich person, officer, ordinary citizen.
- This stops the misuse of power .
2. Equality before the law
- Every individual irrespective of status, identity, or rank is treated equally by the law.
3. Equal protection of the law
- All persons in similar circumstances shall be treated equally by law without arbitrary discrimination .
- Arbitrary = done on someone's whim, without reason or rule.
Equality before law
Equal protection of law
No one is
above
the law
No
arbitrary discrimination
Applies to
every individual
Applies to persons
in similar circumstances
What happens when laws are violated?
How disputes are settled
A law is violated
Court of law
not force or influence
Procedure established by law
↓
This prevents misuse of power and protects people's rights
- Disputes are resolved in a court of law , through procedures established by law .
- Not by force or personal influence .
- This prevents misuse of power and protects people's rights.
What is 'procedure established by law'?
Procedure established by law
Duly enacted
and valid laws
Article 21
life and personal liberty
↓
No citizen can be punished without it
- Strict adherence to duly enacted and valid laws .
- Enshrined in Article 21 .
- "no persons shall be deprived of life or personal liberty except according to procedure established by law."
- No citizen can be punished without it.
- Everyone gets a fair opportunity to defend their rights .
What does the Rule of Law achieve?
What the Rule of Law promotes
three results
Justice
A fair decision for everyone
Example:
decided by law, not by who is powerful
Accountability
Those in power must answer
Example:
and can be taken to court
Trust
People believe the system is fair
Example:
so they use courts, not force
- The Rule of Law promotes justice , accountability and trust in the democratic system.
Word
Meaning in easy words
Justice
Everyone gets a fair decision, decided by law and not by who is more powerful
Accountability
Those in power must answer for what they do, and can be taken to court
Trust
People believe the system will treat them fairly, so they use courts instead of force
Questions from the Book
Q4. The Rule of Law is violated when:
- (a) Laws are applied equally to all
- (b) Courts review government actions
- (c) Powerful individuals are treated above the law
- (d) Citizens challenge laws through legal means
- Answer: (c).
- The Rule of Law rests on no one being above the law.
- (a) is the Rule of Law working - equality before law.
- (b) upholds it, by keeping government within the law.
- (d) uses the procedure established by law, which is allowed.
Revision: Which one breaks the Rule of Law
Laws applied equally
upholds it
Courts review government
upholds it
Powerful placed above the law
BREAKS it
↓
Only (c) - because no one is above the law
Q5. Why is the Rule of Law essential for protecting democracy?
- It ensures equality before the law and equal protection of the law .
- No one is above the law, including those in power.
- Disputes go to a court of law , not to force or influence.
- It prevents misuse of power .
- No citizen is punished without procedure established by law .
- It promotes justice, accountability and trust .
- Explanation: elections alone do not protect anyone.
- A government could win a vote and then act as it liked.
- The Rule of Law keeps power inside limits between elections.
Revision: Why the Rule of Law protects democracy
Equality before law
and equal protection
No one above the law
including those in power
Disputes to a court
not to force
↓
Justice, accountability and trust - power kept inside limits between elections
1. What three things does the Rule of Law mean?
Show answer
No one is above the law; equality before the law; equal protection of the law.
2. Difference between equality before law and equal protection of law?
Show answer
Equality before law - every individual is treated equally whatever their status, identity or rank. Equal protection of law - persons in similar circumstances are treated equally, without arbitrary discrimination.
3. Which Article contains 'procedure established by law'?
Show answer
Article 21.
4. How are disputes resolved under the Rule of Law?
Show answer
In a court of law, through procedures established by law - not by force or personal influence.
5. What does the Rule of Law promote?
Show answer
Justice, accountability and trust.
