Which of the following are regarded as the main features of the “Rule of Law”?
- Limitation of powers
- Equality before law
- People’s responsibility to the Government
- Liberty and civil rights
Select the correct answer using the codes given below:
- 1 and 3 only
- 2 and 4 only
- 1, 2, and 4 only
- 1, 2, 3 and 4
Explanation
Option (c) is correct
- Rule of Law is a foundational principle of governance, emphasising that laws, not individuals or arbitrary decisions, should govern a nation. The key features of the Rule of Law, as established by A.V. Dicey and widely recognised, include:
- Limitation of powers (Supremacy of Law): The Rule of Law asserts that no one, including the government, is above the law. It limits the powers of the state and prevents the exercise of arbitrary power.
- Equality before law: This principle implies that all individuals, irrespective of their status or position, are subject to the same laws, administered by regular courts. This is essential to maintain fairness and prevent any special treatment for certain classes or government officials.
- Predominance of Legal Spirit: Dicey asserts that rights (e.g. right to personal liberty, freedom from arrest, etc.) are the result of judicial decision in particular cases which have actually arisen between the parties. The constitution is not the source but the consequence of individuals’ rights. Thus, Dicey emphasised the role of the Courts as guarantors of liberty and suggested that it would be secured more adequately if they were enforceable through the Courts of law than by mere declaration of those rights in a document, as in the latter case, they can be ignored, curtailed or trampled upon.
- However, People’s responsibility to the Government is not a recognised feature of the Rule of Law. The Rule of Law emphasises government’s responsibility to the people and adherence to legal norms, rather than citizens being directly responsible to the government in a legal sense.
