Abstract :
“Rule of Law” is an inherent feature in the governance model of numerous governments around
the Globe, which aims for equality before law, supremacy of law and predominance of legal
spirit. Both Common and Civil Law countries have upheld the tradition of Rule-of-Law for its
Democratic nature. It originated as a concept under Sir Edward Coke, where he opined that
even the king is under the law. However, earlier instances of the essence of Rule of Law have
been found in Upanishads in India, where it is stated that Law is the king of kings. Several
legal scholars worked on the concept of Rule of Law, but it was popularized by Prof. A.V
Dicey. Dicey based Rule of Law on the pillars of anti-arbitrariness in State action, he opposed
discretionary powers in the hands of the government as he thought that it gives a window for
arbitrariness in state action to prosper. With times passing, his definition of Rule of Law lost
relevance and was criticized for overemphasizing on anti-arbitrariness and leaving the other
aspects of Rule of Law unaddressed. A separate concept, which is deceptively similar to Rule
of Law, called “Rule by Law”, emerged in China, as a result of Confucian philosophy. It had
its basis in effecting compliance with the letter of the law, but it digressed from the Rule of
Law when it came to the measures and methods resorted to ensure this compliance. When Rule
by Law became the order of the day in Nazi Germany, it left no stone unturned to effect
compliance with the letter of the law. State’s political morality was non-existent in a Rule by
Law regime and resorted to even violence and brutality if the law assented to it. Widespread dehumanization of Jews in the Nazi regime is an example of the same. Supremacy of Law is
also a tenet not known to Rule by Law regimes, to give an example of which, The Chinese
Constitution accords the status of a leader to the Communist Party of China. This paper discusses the differences between Rule of Law and Rule by Law at length, and advocates for
Rule of law for the reasons stated in this paper.
Keyword :
Not Applicable