Modern Definition of Rule of Law
Introduction to the Rule of Law & the modern definition.
Rule of Law in the layman perspective is the principle that nobody is above the law and that every man’s act is subject to the law. The law referred, in our context, is the Malaysian Constitution which embodies the definition, expressly in many of its provisions. The constitution has the absolute power as against the arbitrariness and discretionary power of the government. This concept is commonly practiced in democratic countries.
Rule of Law and Rule by Law should be distinguished as the latter is merely a government’s tool for the purpose of ruling and governing only. It is not a good approach as compared to the Rule of Law because law is made by the people, for the people. The concept used under Rule by Law could lead to abuse of power and unfairness especially in the context of human rights. The countries practicing Rule by Law are mostly the autocratic countries where the law is followed because they are forced to, not because they respect the supremacy of the law.
According to De Smith, the concept of Rule of Law is one of open texture with wide range of interpretation, or in other words, flexible.
Dicey propounded 3 principles of Rule of law in his writings, ‘Law of the Constitution’. However Dicey’s ideas are no longer in use as modern democratic society has emerged. It is only a fashion now to insert Dicey’s to retain the basic values of Rule of Law but it must be interpreted according to our modern needs of society. Dicey’s ideas on ROL includes that; - 1) Absolute supremacy of regular law. 2) Equality before the law 3) The Rule of Law includes the results of judicial decisions determining the rights of private persons. Internationally, the Rule of Law was even stated in the Preamble of the Universal Declaration of Human Rights adopted in 1948; where it was laid in the third paragraph that if the government does not want the people to revolt as their last resort to overcome tyranny by
Rule of Law in the layman perspective is the principle that nobody is above the law and that every man’s act is subject to the law. The law referred, in our context, is the Malaysian Constitution which embodies the definition, expressly in many of its provisions. The constitution has the absolute power as against the arbitrariness and discretionary power of the government. This concept is commonly practiced in democratic countries.
Rule of Law and Rule by Law should be distinguished as the latter is merely a government’s tool for the purpose of ruling and governing only. It is not a good approach as compared to the Rule of Law because law is made by the people, for the people. The concept used under Rule by Law could lead to abuse of power and unfairness especially in the context of human rights. The countries practicing Rule by Law are mostly the autocratic countries where the law is followed because they are forced to, not because they respect the supremacy of the law.
According to De Smith, the concept of Rule of Law is one of open texture with wide range of interpretation, or in other words, flexible.
Dicey propounded 3 principles of Rule of law in his writings, ‘Law of the Constitution’. However Dicey’s ideas are no longer in use as modern democratic society has emerged. It is only a fashion now to insert Dicey’s to retain the basic values of Rule of Law but it must be interpreted according to our modern needs of society. Dicey’s ideas on ROL includes that; - 1) Absolute supremacy of regular law. 2) Equality before the law 3) The Rule of Law includes the results of judicial decisions determining the rights of private persons. Internationally, the Rule of Law was even stated in the Preamble of the Universal Declaration of Human Rights adopted in 1948; where it was laid in the third paragraph that if the government does not want the people to revolt as their last resort to overcome tyranny by