The Doctrine of Rule of Law

The expression 'Rule of Law' refers to the form of government which is based on
the principles of law. It specifies that the Law is supreme and that no human
being is higher than the authority of Law. In other words, this doctrine is referred
to as the principle of legality requiring everything that the government ought to
be legal. The principle of legality imposes to Public Administration the duty
obedience to the law and legal principles; therefore, public administration shall
respect not only constitutional and legal norms, but also international norms and
rights and citizens lawful rights and expectations

The basis of Administrative Law is the 'Doctrine of the Rule of Law'. It was
expounded for the first time by Sir Edward Coke, and was developed by Prof.
A.V.Dicey in his book 'The law of the Constitution' published in 1885. According
Coke, in a battle against King; that the King should be under God and hence the
Law is supreme over executive.
Dicey regarded rule of law as the bedrock of the British Legal System: According
to Prof. Dicey, rule of law contains three principles or it has three meanings as
stated below:
1. Supremacy of Law.
2. Equality before Law.
3. Predominance of Legal Spirit.
1. Supremacy of Law:
The First meaning of the Rule of Law is that 'no man is punishable or can lawfully
be made to suffer in body or goods except for a distinct breach of law
established in the ordinary legal manner before the ordinary courts of the land. It
implies that a man may be punished for a breach of law, but cannot be punished
for anything else. No man can be punished except for a breach of law. An alleged
offence is required to be proved before the ordinary courts in accordance with

the ordinary procedure. Since the law is supreme, the government thus becomes
a subject of the Law, rather than the law being a subject of the Government.

2. Equality before Law:The Second meaning of the Rule of Law is that no man is above law. Every man
however high his rank, condition or status is; is a subject to the ordinary law of
the land. Prof. Dicey states that, there must be equality before the law or equal
subjection of all classes to the ordinary law of the land. He criticised the French
legal system of droit Administrative in which there were separate administrative
tribunals for deciding the cases of State Officials and citizens separately. He
criticises such system as negation of law.

3. Predominance of Legal Spirit:

The Third meaning of the rule of law is that the general principles of the
constitution are the result of juridical decisions determining file rights of private
persons in particular cases brought before the Court.
Dicey states that many constitutions of the states (countries) guarantee their
citizens certain rights (fundamental or human or basic rights) such as right to
personal liberty, freedom from arrest etc. According to him, documentary
guarantee of such rights is not enough. Such rights can be made available to the
citizens only when they are properly enforceable in the Courts of law, For
Instance, in England there is no written constitution and such rights are the
result judicial decision. Therefore, emphasizing the role of the courts in
guaranteeing theses rights of the citizens.

For instance in the application of this doctrine in England where there is no

written constitution; the rule of law is applied in concrete cases. In England, the
Courts are the guarantors of the individual rights. Rule of law establishes an
effective control over the executive and administrative power.

Importance of Rule of Law

People are not inherently democratic. People want to do what they want to do.
So, we need to protect the principles of democracy with law. Remember that the
Constitution, the basis of every one of our laws, is intended to protect individual
rights against a majority over rule. The principle of "majority rules" is absolutely
NOT what the Constitution implements, almost the opposite. We have to have
laws so the majority of people in the country would not vote to send a certain
race or ethnocentric group to a ghetto or a prison camp. Democratic law is based
on fairness and individual rights for freedom from prosecution in speech,
religious choice, movement from place to place, public assembly, privacy, self
defence, etc. Without law these democratic rights might be overwhelmed or
squashed by a majority or oppressive government. Laws provide a proactive way
to avoid the loss or violation of personal and individual rights in a democracy.