vustudents
08-26-2011, 12:57 AM
Q .14: Write an essay on Rule of Law (2003).
Q . Explain rule of Law under British Constitution. (2001) (1998)
Q .what do you understand by the rule of the law and whether there are some exceptions to it under British System (1999)
1- Introduction:
The rule of law is the product of centuries of struggle of the British people for the recognition of their fundamental right. In U.K. law is supreme and every act of Government must be authorized by law, either by Statute Law passed by parliament or by Common Law which has been recognized for many hundreds of years.
2- Meaning Of Rule Of Law
The principle of rule of law may be defined as under.
“Rule of law implies that none of the persons is above of below the law. All the persons are equal in the eyes of the law. If any person violates the law, he should face the trial of the case in Court.”
3- Dicey, S Exposition Of The Rule Of Law:
The English jurist Dicey’ s has gives a exposition of the conception the rule of law in his book “Law of the Constitution,” first published in 1885. He gave following meanings to this concept.
I. No Arbitrary Punishments:
No man is punishable or can lawfully made to suffer in body or goods except for a distinct breach of law established by the ordinary Court of land. So all persons accused of an offence should be tried in as ordinary Court of law in the ordinary legal manner and no one it to by deprived of his life, liberty and property.
II. Before Law Equality :
Secondly . rule of law implies that in U.K. every citizen, rich or poor high or low is subject to the same law and the same Courts of Law. U. K. law dose not make any distinction between Government and those of ordinary citizens. If any public official dose any wrong to an individual or exceeds the power vested in him by law, he can be sued an ordinary Court and tried in the ordinary manner.
III. Judicial Decisions:
Finally, rule of law means that the general principles of the Constitution are the result of judicial decisions determining the rights of private persons in particular case brought before the courts.
4- Parlamentary Sovereignty And The Rule Of Law:
Rule of Law favours parliamentary Sovereignty under the ordinary law of the land, discretionary authority in denied to the executive. The Courts are denied by Government of any sort of discretionary powers. But there are times when parliament is called upon to exercise its Sovereign power by granting the executive discretionary authority by means of an emergency of temporary legislation or when for the sake of legality itself, the rules of law must be broken. This act of breaking laws for legalizing illegalities is the supreme exercise of the parliamentary Sovereignty.
5- Instances Of Rule Of Law:
Following are important instances of rule of law.
I. The Right To Personal Freedom:
People have personal Freedom in England. No person can be arrested without lawful reasons.
II. The Right To Freedom of Dicision:
People of England have right to freedom of decision. Media is independent. Everyone can criticize the policies of Government.
III. The Right To Public Meeting:
People have right to public meeting and form the political parties.
IV. Ministerial Responsibility :
Ministerial Responsibility is important instance of the theory of rule of law. If one Minister do wrong other become responsible for his actions.
6- Exceptions:
Following are the exceptions to Rule of Law.
I. Crown Is Not Responsible For The Wrongs Done By Its Officer:
Crown is not responsible for the wrongs done by its officers. A Government Official is personally responsible for his mistakes made in his official capacity.
II. Public Officers Are Not Liable For The Wrongs Of Their Subordinates:
Public Officers are not liable for the wrongs of their subordinates because are certain acts which have conferred some privileges and immunities to public authorities.
III. Judges Of The Courts:
Judges cannot be held responsible for anything dose by them in yhe Official course of their business.
IV. Foreign Rulers:
Foreign rulers cannot be tried any Court in England for any wrong committed by them.
V. Diplomatic Representatives:
Diplomatic Representatives cannot be tried by any Court in England.
VI. Servants Of Crown Has No Protection If Dismissed:
If crown dismisses his servants. They have no protection against the crown even thought they are dismissed without a just Cause.
VII. Crown, S power To Refuse Or Grant Passport:
Crown has power to refuse or grant passport to travel in any country. The order of the crown cannot be challenged in any Court.
VIII. Cancellation Of Citizenship:
If the citizenship of some one is cancelled it cannot be challenged in any Court.
IX. Power Of Home Minister To Naturalise Aliens:
The action of home Minister regarding maturalization of aliens cannot be challenged in a Court of Law.
X. Time Of Proceedings Against Public Servant:
It is essential to take action against public servant within six months form the date of the cause of action regarding any excess, neglect or default of public authority. The right of action laps after six months.
XI. Justice Of peace:’
Justice of peace are not liable for any act if the act is not wrongful or malicious.
XII. Trade Unions:
Trade Unions in England enjoy lit of immunity form law.
7- Conclusion:
To, conclude, I can say, that the rule of law establishes the dominance of law but it has nom quiet modified. There are several limitations which indicate that the rule of law is not fully adhered to in England today.
Q . Explain rule of Law under British Constitution. (2001) (1998)
Q .what do you understand by the rule of the law and whether there are some exceptions to it under British System (1999)
1- Introduction:
The rule of law is the product of centuries of struggle of the British people for the recognition of their fundamental right. In U.K. law is supreme and every act of Government must be authorized by law, either by Statute Law passed by parliament or by Common Law which has been recognized for many hundreds of years.
2- Meaning Of Rule Of Law
The principle of rule of law may be defined as under.
“Rule of law implies that none of the persons is above of below the law. All the persons are equal in the eyes of the law. If any person violates the law, he should face the trial of the case in Court.”
3- Dicey, S Exposition Of The Rule Of Law:
The English jurist Dicey’ s has gives a exposition of the conception the rule of law in his book “Law of the Constitution,” first published in 1885. He gave following meanings to this concept.
I. No Arbitrary Punishments:
No man is punishable or can lawfully made to suffer in body or goods except for a distinct breach of law established by the ordinary Court of land. So all persons accused of an offence should be tried in as ordinary Court of law in the ordinary legal manner and no one it to by deprived of his life, liberty and property.
II. Before Law Equality :
Secondly . rule of law implies that in U.K. every citizen, rich or poor high or low is subject to the same law and the same Courts of Law. U. K. law dose not make any distinction between Government and those of ordinary citizens. If any public official dose any wrong to an individual or exceeds the power vested in him by law, he can be sued an ordinary Court and tried in the ordinary manner.
III. Judicial Decisions:
Finally, rule of law means that the general principles of the Constitution are the result of judicial decisions determining the rights of private persons in particular case brought before the courts.
4- Parlamentary Sovereignty And The Rule Of Law:
Rule of Law favours parliamentary Sovereignty under the ordinary law of the land, discretionary authority in denied to the executive. The Courts are denied by Government of any sort of discretionary powers. But there are times when parliament is called upon to exercise its Sovereign power by granting the executive discretionary authority by means of an emergency of temporary legislation or when for the sake of legality itself, the rules of law must be broken. This act of breaking laws for legalizing illegalities is the supreme exercise of the parliamentary Sovereignty.
5- Instances Of Rule Of Law:
Following are important instances of rule of law.
I. The Right To Personal Freedom:
People have personal Freedom in England. No person can be arrested without lawful reasons.
II. The Right To Freedom of Dicision:
People of England have right to freedom of decision. Media is independent. Everyone can criticize the policies of Government.
III. The Right To Public Meeting:
People have right to public meeting and form the political parties.
IV. Ministerial Responsibility :
Ministerial Responsibility is important instance of the theory of rule of law. If one Minister do wrong other become responsible for his actions.
6- Exceptions:
Following are the exceptions to Rule of Law.
I. Crown Is Not Responsible For The Wrongs Done By Its Officer:
Crown is not responsible for the wrongs done by its officers. A Government Official is personally responsible for his mistakes made in his official capacity.
II. Public Officers Are Not Liable For The Wrongs Of Their Subordinates:
Public Officers are not liable for the wrongs of their subordinates because are certain acts which have conferred some privileges and immunities to public authorities.
III. Judges Of The Courts:
Judges cannot be held responsible for anything dose by them in yhe Official course of their business.
IV. Foreign Rulers:
Foreign rulers cannot be tried any Court in England for any wrong committed by them.
V. Diplomatic Representatives:
Diplomatic Representatives cannot be tried by any Court in England.
VI. Servants Of Crown Has No Protection If Dismissed:
If crown dismisses his servants. They have no protection against the crown even thought they are dismissed without a just Cause.
VII. Crown, S power To Refuse Or Grant Passport:
Crown has power to refuse or grant passport to travel in any country. The order of the crown cannot be challenged in any Court.
VIII. Cancellation Of Citizenship:
If the citizenship of some one is cancelled it cannot be challenged in any Court.
IX. Power Of Home Minister To Naturalise Aliens:
The action of home Minister regarding maturalization of aliens cannot be challenged in a Court of Law.
X. Time Of Proceedings Against Public Servant:
It is essential to take action against public servant within six months form the date of the cause of action regarding any excess, neglect or default of public authority. The right of action laps after six months.
XI. Justice Of peace:’
Justice of peace are not liable for any act if the act is not wrongful or malicious.
XII. Trade Unions:
Trade Unions in England enjoy lit of immunity form law.
7- Conclusion:
To, conclude, I can say, that the rule of law establishes the dominance of law but it has nom quiet modified. There are several limitations which indicate that the rule of law is not fully adhered to in England today.