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International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 8 No. III (2025)pp. 1944–1961

Evolution of Rule of Law

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Published 29 May 2025 · pp. 1944–1961 · Vol. 8 No. III (2025)
Abstract

The Rule of Law, a cornerstone of modern liberal democracies and a benchmark for just governance globally, is not a static monolith but a concept that has undergone profound evolution over millennia. This article traces its complex trajectory, beginning with ancient precursors in Mesopotamia, Greece, and Rome that established foundational ideas of codified law, fairness, and limits on power. It examines the critical contributions of the medieval period, particularly the Magna Carta and the development of common law in England, which entrenched principles of due process and accountability. The Enlightenment provided the crucial philosophical scaffolding, with thinkers like Locke, Montesquieu, and Rousseau articulating theories of natural rights, separation of powers, and social contracts that fueled revolutionary transformations in America and France, institutionalizing the Rule of Law within constitutional frameworks. The 19th century saw its formalization, notably through A.V. Dicey's influential formulation, alongside the rise of constitutionalism and administrative law. The cataclysms of the 20th century, particularly the World Wars and the rise of totalitarianism, spurred the internationalization of the Rule of Law, linking it intrinsically with human rights through instruments like the Universal Declaration of Human Rights and regional conventions. Finally, the article analyzes contemporary challenges and adaptations in the face of globalization, technological advancements, terrorism, and the resurgence of illiberalism, highlighting the ongoing tension between formal and substantive conceptions and the persistent struggle to realize its ideals universally. The article argues that the Rule of Law's evolution reflects a continuous, often contested, journey towards limiting arbitrary power and ensuring governance under laws that are just, predictable, and equally applied.

Keywords
Rule of LawLegal HistoryConstitutionalismPolitical PhilosophyHuman RightsGovernanceMagna CartaEnlightenmentDicey

How to cite

Asmita Singh & Dr Vivek Goyal, Evolution of Rule of Law, 8 Int'l J.L. Mgmt. & Human. 1944 (2025).

Cite this article

Asmita Singh & Dr Vivek Goyal, Evolution of Rule of Law, 8 Int'l J.L. Mgmt. & Human. 1944 (2025).
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