Rule Of Law Vs. Rule By Law: What's The Difference

No one is above the law, and all citizens are treated equally, according to the rule of law. The pursuit of a balance between the degree of liberty necessary for law to be tyranny and the degree of law necessary for liberty to become license is represented by the rule of law in civilized democratic society. A law must exist, but that alone is not sufficient. The fundamental human rights and dignity of every person must be guaranteed by the law. 

 

Rule bylaws are sometimes used as a tool of oppression and to support the enactment of legislation that flagrantly violate fundamental human rights. The Chief Justice of India, N V Ramana, thinks that rule by law is a remnant of colonial rule and that the rule of law is what we fought for.

 

•    The concept of the Rule of Law, which is based on intellectual and moral principles, is essentially abstract.

 

•    The idea that everyone is treated equally by the law, regardless of their position in society be it at the lowest level of citizenship or the highest, as the sovereign or head of state is one of its core beliefs.

 

•    This indicates that no one is above the law, and everyone who breaks the law should face the same punishment, regardless of their social standing or place of residence.

 

•    It is also connected to the idea of natural law, according to which everyone in the greater human community is entitled to the same rights and treatment. 

 

•    A.V. Dicey, an English professor and constitutional specialist, created this idea. Three rules for the rule of law were created by him.

 

•    Except for a violation of the law, no one shall be punished or made to suffer in body or goods. Such a violation must be proven in a regular court of law and in a regular legal manner.

 

•    Everyone is subject to the general rules of the land, regardless of status or rank, and no one is above the law.

 

•    The Constitution is the result of ordinary law in the land. It denotes that the general principles of the constitution are the result of judicial decisions made by English courts.

 

•    Laws, not people, rule in a system where there is the rule of law.

 

•    It topples autocracy or anarchy.

 

•    It raises legal impediments to arbitrary government action.

 

•    It offers protections for personal safety.

 

•    It enables the judiciary to exert control over an executive who is acting outside of its purview.

 

•    All other concerns should be subordinated to the public interest.

 

Article 105: No member of Parliament shall be held legally accountable for anything stated by him or for any vote he casts in the parliament or any committee thereof, according to Article 105.

 

Article 194: No member of a state legislature may be held legally accountable for anything he or she says or votes for in the legislature or any committee thereof, according to Article 194.

 

Article 361(1): The President or Governor is not accountable to any court for the use and discharge of the authorities and responsibilities of his or her office.

 

Article 361(2): No criminal actions may be brought or pursued in any court against the President or the Governor while they are in office.

 

Article 361(3): No court may order the President or the Governor of a State to be arrested or imprisoned while in office.

 

Article 361(4): states that no civil action may be brought against the President or the Governor in any court during their terms of office for any act they committed while acting in their individual capacities, whether before or after taking office, until two months have passed since notice was given to them.

 

Article 31C: It is not possible to challenge state laws that implement DPSPs that are enshrined in Article 39 clauses (b) or (c) on the basis that they infringe Article 14.

 

•    "Where Article 31-C comes into play, Article 14 goes out," the Supreme Court said.

 

Ambassadors, diplomats, and representatives of foreign sovereigns (rulers) are exempt from civil and criminal liability.

 

Diplomatic immunity is granted to the United Nations and its agencies.

 

Rule by law is an idea that elevates the governing body above the law, giving it the authority to enact laws and apply them wherever it sees fit, regardless of how they may affect people's fundamental liberties.

 

To be more specific, rule by law is a strategy employed by governments and those in positions of authority to influence the behavior of individuals and, in the case of ruling a nation, sizable populations.

 

Usually, the end result is to psychologically or physically persuade people to support political choices they would not otherwise.

 

In order to rule over their people in India, the British opted for "Rule by Law" rather than "Rule of Law." Therefore, the foundation of a state governed by the Rule of Law began with our struggle for independence.

 

Before putting Jews to death in gas chambers, Nazi Germany imprisoned them in concentration camps. According to the reason offered, those acts were permitted by law. But that was law by law, not law as such.

 

Repressive and racially discriminatory legislation against the black majority in South Africa were attempted to be justified on the basis of laws that had already been passed. 

 

Rule by law refers to the imposition of decisions on the populace, whereas Rule of Law refers to the restriction of the unrestricted use of power by the nation's highest legislative body. As long as it doesn't go against fundamental human values, the law is being applied fairly to everyone.