Evolution of Rule of Law

  • Asmita Singh and Dr Vivek Goyal
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  • Asmita Singh

    LL.M. student at School of Law, Graphic Era Hill University, Dehradun, Uttarakhand, India

  • Dr Vivek Goyal

    HOD and Associate Professor at School of Law, Graphic Era Hill University, Dehradun, Uttarakhand, India

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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 Law
  • Legal History
  • Constitutionalism
  • Political Philosophy
  • Human Rights
  • Governance
  • Magna Carta
  • Enlightenment
  • Dicey

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 1944 - 1961

DOI: https://doij.org/10.10000/IJLMH.119736

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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