Rule of Law
The Rule of Law is a fundamental principle of governance where all individuals, institutions, and
entities, including the government, are accountable to laws that are:
Publicly promulgated,
Equally enforced,
Independently adjudicated,
Consistent with international human rights principles.
History of the Rule of Law
1. Ancient Roots:
o The concept dates back to ancient civilizations, such as Mesopotamia (Code of
Hammurabi) and ancient Greece (Aristotle emphasized "a government of laws,
not of men").
2. Medieval Period:
o The Magna Carta (1215) in England is considered a cornerstone of the Rule of
Law, limiting the power of the monarchy.
3. Modern Development:
o In the 17th and 18th centuries, the Rule of Law was further developed in England
during the Glorious Revolution and through thinkers like John Locke.
A.V. Dicey's Concept of Rule of Law
Albert Venn Dicey, a British jurist, popularized the Rule of Law in his book "Introduction to the
Study of the Law of the Constitution" (1885). He outlined three main principles:
1. Supremacy of Law:
o No one is above the law, including government officials.
o Laws should govern the country, not arbitrary decisions.
2. Equality Before the Law:
o All individuals are subject to the same laws and courts, regardless of their rank or
status.
3. Predominance of Legal Spirit:
o Rights are not derived from written constitutions but from judicial decisions that
protect individual freedoms.
Criticisms of Dicey's Concept
1. Formal Equality vs. Substantive Equality:
o Dicey’s idea of equality ignores socio-economic disparities. Treating unequals
equally may perpetuate injustice.
2. Rigid Legalism:
o His concept focuses on strict legalism, disregarding the dynamic nature of society
and evolving laws.
3. Overemphasis on Judicial Decisions:
o Modern societies require written constitutions and legislative frameworks to
guarantee rights.
4. Limited Scope:
o Dicey’s principles do not account for the complexities of administrative law and
governance in contemporary states.
Rule of Law in the Modern Sense
In the modern context, the Rule of Law encompasses the following:
1. Democratic Governance:
o Laws must reflect the will of the people and be framed through participatory
democracy.
2. Protection of Fundamental Rights:
o A commitment to upholding human rights and liberties.
3. Independence of the Judiciary:
o Judges must be impartial and independent to ensure justice.
4. Accountability and Transparency:
o Public officials and institutions are accountable under the law.
5. Access to Justice:
o Everyone must have the means to seek redressal for grievances.
Rule of Law in the Constitution of Bangladesh
The Constitution of Bangladesh enshrines the Rule of Law through various provisions:
1. Supremacy of the Constitution:
o Article 7 establishes the Constitution as the supreme law of the land.
2. Fundamental Rights:
o Articles 26-47A guarantee fundamental rights such as equality before the law
(Article 27), equal protection of law (Article 31), and protection of life and
personal liberty (Article 32).
3. Separation of Powers:
o Articles 22 and 94 ensure the independence of the judiciary.
4. Accountability of Government:
o Articles 55 and 56 emphasize parliamentary accountability.
5. Access to Justice:
o The Constitution ensures justice through the independence of the judiciary and
provisions for remedies like writ petitions (Article 102).
Contradictions in the Rule of Law in Bangladesh
1. Political Interference:
o Despite constitutional guarantees, there is frequent political interference in
judicial appointments and decisions.
2. Corruption:
o Rampant corruption undermines the Rule of Law in administrative and judicial
processes.
3. Weak Enforcement:
o Fundamental rights are often violated due to a lack of enforcement mechanisms.
4. Inequality:
o Socio-economic disparities hinder the practical application of equality before the
law.
5. Arbitrary Actions by Authorities:
o Instances of extrajudicial killings, custodial torture, and misuse of the Digital
Security Act highlight contradictions.
6. Delays in Justice:
o Prolonged legal processes and case backlogs impede access to justice.
