Rule of Law and Rule by Law

‘Rule of Law’ is a system in which laws, not men, govern. A phrase in Latin is the basis of it- ‘Rex is Lex,’ which means ‘King is Law’. As per Article 21 present in the Constitution of India, No one’s life or personal liberty shall be taken away unless it is done in conformity with the legal process. Rule by law means that decisions are imposed on citizens, whereas Rule of Law means that the highest law-making authority of the nation controls the unfettered use of power. It is just a law application for everyone, as long as legislation does not violate fundamental principles.

Rule of Law

The expression- rule of law has been taken from a French word- ‘la Principe de legalité,’ which translates to ‘ that the government is law-based.

Origin: Edward Coke, England’s Chief Justice, is accredited with mounting this idea. Throughout the time when King James the first was in power, he held onto the place of the Prime Minister.

Dicey created three concepts:

1. Legal Supremacy 
2. Legal Equality 
3. Legal Spirit Predominance

Constitution of India and the Rule of Law

1. As per Article 14 of the Constitution of India, the state must not reject any individual equality before commandment or equal protection under the law within the Indian province, and intolerance shall be outlawed on the basis of caste, birthplace, religion, gender, or race is forbidden.
2. As per Article 21 present in the Constitution of India, No one will be disadvantaged of his personal liberty or life unless in agreement with legal practice, and no one shall be deprived of equal protection or equality before the law under the law within the country of India.
3. The Preamble of the Constitution of India emphasizes Equality, Liberty, and Justice. As per Article 13 (1) of the Constitution of India, the constitution is the ultimate law of the nation, and all other legislation must comply with it in order to be legally legitimate.

The Rule of Law Importance

1. All other factors should be subordinated to public welfare.
2. It erects legal constraints to political arbitrariness and overthrows tyranny or anarchy.
3. The rule of law is a legal system that governs by laws rather than by persons.
4. It has safeguards in place to keep people safe. It allows the court to exercise control over the executive when it exceeds its authority.

Rule by Law

It is derived from the Latin phrase- Rex is Lex which means the law is the king. One can say that is a method that dictators and tyrants use to enslave and oppress people. 

Rule by Law This is often referred to as ‘Rule by Men.’ As a result, every legislation enacted by the ultimate lawmaking body of the nation is Ruled by Law.

Origin: England’s King James the first triumphed in his battle against the church and also the judges of the common law. He also twisted the Latin statement from Lex is Rex to Rex is Lex.

Rule by law Examples

In Nazi Germany, Prior to being taken to the death chambers, Jews were imprisoned in camps. The argument included legislation in existence that allowed for such activities. That, on the other hand, was not the rule of law; it was a law-based government.

The British utilized ‘Rule by Law’ instead of ‘Rule of Law’ to control their Indian people. Thus, our war for independence laid the foundation of our path toward the construction of a state based on the Rule of Law.

How is Rule of Law different from Rule by Law?

It is critical to distinguish between the Rule of Law and Rule by Law.

1. The presence of law is required, yet it is insufficient. The legislation must have a key component that ensures every person’s basic human rights and human dignity. The rule of law may be used to oppress people and to legitimize the passage of laws that severely violate basic human rights.
2. Rule by law indicates that choices are forced on citizens, whilst Rule of Law means that the nation’s highest governmental authority restricts the unrestricted use of power. As long as the government does not violate fundamental values, it is just a law application for everyone.

Conclusion

Edward Coke, the Chief Justice of England, is credited with developing this idea of the rule of law. The Constitution of India’s Preamble emphasizes Equality, Liberty, and Justice. The British employed ‘Rule by Law’ rather than ‘Rule of Law’ to rule the Indian subjects. The WJP Rule of Law Index scores and rankings are organized on eight key factors: Restriction of Government Powers, Corruption, Open Government, Fundamental Rights, Order and Security, Regulatory Enforcement, Civil Justice, and Criminal Justice. Sir Edward Coke, the Chief Justice during James I’s reign, invented the notion of the rule of law.