Navigating Legal Waters: A Comprehensive Analysis of the Rule of Law

  • Swarna Jaiswal and Sandeep Mishra
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  • Swarna Jaiswal

    Student at Amity Law School, Lucknow, India

  • Sandeep Mishra

    Professor at Amity Law School, Lucknow, India

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Abstract

Tracing the origin of the concept of rule of law, to the legal philosophies of eminent figures like Justice Edward Coke and A.V Dicey, this paper delves deep into the evolution and significance of the rule of law, examining its principles such as supremacy of law, equality before law and the prevalence / predominance of legal spirit. Drawing from historical and contemporary perspectives this research paper explores the adoption and application of the principle of rule of law in India by emphasising it incorporation into the constitutional framework and the pivotal role that it plays in shaping governance and judicial decision making. In addition, this paper analysis several merits and demerits of rule of law along with it's key principles and provisions that have been enshrined and are protected by the Indian constitution. Further, it highlights the indispensable role that has been played by the Indian judiciary in upholding and strengthening the rule of law by landmark judgements. Providing a nuanced understanding of rule of law as a fundamental pillar of the democratic governance and legal order, this paper tries to give a comprehensive review of theoretical insights and practical implications of the principle of rule of law.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 920 - 927

DOI: https://doij.org/10.10000/IJLMH.117098

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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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