|
Title: RULE OF LAW AND DEMOCRACY |
Authors: Manvi Atwal ,India |
Abstract: The concept of the Rule of Law, which describes how states are governed, has been around for
millennia. Rule of Law entails that all institutions, including the government, must uphold the
supremacy of the law as opposed to Rule by Law, which places the government above the law and
uses the law to govern. One of the goals of this study is to show that the rule of law is essential to
democracy and that solely caring about the rule of law during elections is insufficient to maintain
democracy. The study aims to establish that the principles of democracy are strongly related to the
Rule of Law. In addition to this, it establishes how philosophers from time to time have reiterated
how the law is above the king. This study has also compared the modern concept of rule of law to
the traditional theory and bursts the misconception that Parliament Sovereignty is above the Rule
of Law. The paper also mentions a few landmark judgements which have set a great impact on
society and have helped in limiting the powers of government. In India, no organization may assert
ultimate authority. Parliament is sovereign to the extent that it enacts laws in accordance with
clearly defined constitutional processes and according to procedural guidelines established by
Parliament and state legislatures. The Constitution may only be amended by Parliament, subject
to the procedural rules outlined in the document and the Supreme Court's interpretation of the law.
But the ability to change the Constitution's fundamental provisions is not included in that power. |
PDF Download |
|
|