Rule of Law in Administrative Law
Understanding the foundation of legality and justice in government actions.
Introduction
The term "Rule of Law" originates from the French phrase 'La Principe de Legalite,' meaning the principle of legality. It refers to a governance system based on law and justice, contrasting with dictatorship...
Key Principles of Rule of Law
Supremacy of Law
Everyone, including lawmakers, must follow the law. No one is above it.
Equality Before Law
All individuals are treated equally in the eyes of the law, regardless of status.
Predominance of Legal Spirit
Courts uphold the law impartially, ensuring fairness and justice for all.
Historical Background
The concept of the Rule of Law dates back to ancient Greece, with philosophers like Plato and Aristotle advocating for governance by law rather than by rulers...
Notable Cases
ADM Jabalpur v. Shivkant Shukla - Known as the Habeas Corpus case, it questioned the suspension of rights during an emergency...
Keshavananda Bharti v. State of Kerala - This landmark case established the basic structure doctrine, affirming that the rule of law is a fundamental aspect of the Constitution...
Secretary, State of Karnataka and Ors. v. Umadevi - The Constitutional Bench emphasized the principle of equality in public service as a fundamental aspect of the rule of law...
Conclusion
The Rule of Law ensures that all decisions are based on established laws and principles, promoting fairness and predictability. The judiciary plays a vital role in maintaining this principle, ensuring that no one is above the law...
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