Exploring a Working Definition of the Rule of Law

  • Naima Ahmad
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  • Naima Ahmad

    LLM Student at Chanakya National Law University, India

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Abstract

The doctrine of rule of law has been the most frequently quoted legal principle across the world. Its significance can be gauged from the fact that it not only infuses law with moral qualities but also plays an indispensable role in balancing the needs of the society and the individual. It is the lifeblood of an accountable, transparent and justice-driven system of governance in a civilized human society. The rule of law principle is no more merely confined to being one of the fundamental pillars of the Constitution of the United Kingdom rather its relevance and importance has been universally recognized and acknowledged by the mature and nascent democracies of the world. Respect and protection of human rights form the very part of the nucleus of the rule of law. This doctrine has evolved to include more active protection for the weak, vulnerable and less privileged sections of citizens. The present paper delves into tracing the genesis and evolution of the rule of law doctrine. It endeavors to look into the need of modern approach to the rule of law wherein it is not just a function of or limited to a set of institutions, statutes, and procedures. It scrutinizes the defects inherent in the strictly formal definition of the rule of law and thus attempts to explore a working definition of the rule of law.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 1866 - 1873

DOI: https://doij.org/10.10000/IJLMH.11698

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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