The rule of law is the idea that every person is subject to the laws of the land regardless of their status. The so-called Living Constitution is not law but rather clay in the hands of Justices who shape it to mean whatever they believe it "ought to mean." This quote is from the U.S. Constitution and shows that the executive branch is subject to the rule of law. Editor’s Note: The concept of Rule of Law is that the state is governed, not by the ruler or the nominated representatives of the people but by the law. Lead 22 Inspiring Quotes from United States Supreme Court Justices Most of what we hear from a Supreme Court Judge is from rulings. Rule of law under the constitution of Indian law; The Indian constitution took up and makes use of Dicey’s rule of law. This reveals Dicey’s belief that the common law affords greater protection to the citizens than a written constitution. JUDICIAL REVIEW AND THE RULE OF LAW 5 About the author Amy Street is a barrister at Serjeants’ Inn Chambers. The following discussion of the significance of the U.S. Constitution comes from Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government (3rd ed.) The doctrine of legality, which is an incident of the rule of law, is one of the constitutional controls through which the exercise of public power is regulated by the constitution. We have a right to it, derived from our Maker. By Bhavani Kumar, SLS Pune. For much of history, justifying the ruling government went no further than the point of a sword. It is comprised of the key factors of justice, liberty, and equality. Constitutionality. Meaning of the Rule of Law: The Rule of Law is an important contribution of the British Constitution. It entails that both the Legislature and the Executive “are constrained by the principle that they may exercise no power and perform no function beyond that conferred on them by the law”. (Indianapolis: Liberty Fund, 2000), Part 4. In the struggle against foreign powers, we must take up legal weapons, occupy the high point of the rule of law, and say no to the saboteurs and spoilers. The natural liberty of man is to be free from any superior power on Earth, and not to be under the will or legislative authority of man, but only to have the law of nature for his rule… Rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power, which is typical of despotism, absolutism, authoritarianism, and totalitarianism. Founders’ Quotes on Founding Principles Click for free lesson on Charles Carroll Click for free lesson on Benjamin Franklin Click for free lesson on James Wilson Individual Liberty “Liberty must at all hazards be supported. They have many more interesting things to say. She has appeared in leading cases up to the Supreme Court, especially 5 It has been held that the rule of law pervades the constitution as its basic feature and cannot be taken away even by an amendment of the constitution. The Modernized Rule of Law – The 8 Principles by Lord Bingham. It is also the idea that you cannot be punished or have your rights affected other than in accordance with a law, and only after a breach of the law has been established in a court of law. While recognizing that the Rule of Law is “a highly textured expression, importing many things”, the Supreme Court of Canada has generally summarized the Rule of Law as “conveying a sense of orderliness, of subjection to known legal rules and of executive accountability to legal authority” (Reference re Resolution to Amend the Constitution, 1981). The “rule of law” is a principle of longstanding constitutional value. The lecture entitled ‘The Rule of Law’ was given by Lord Bingham in the House of Lords on 16 November2006. It is recognized in the preamble of the Constitution Act, 1982, and has been utilized by the courts as important constitutional rhetoric, and also as a doctrine that produced juridical effects in various contexts. 3 There is no doubt that the rule of law pervades the Constitution as an underlying principle. 17. The rule of law can take on different meanings depending whom you ask and where you are – but in the US it pretty much means one thing. AIM4Truther Mike N. wants all patriots to be aware of this information about the courts and constitution. Please see professional advice from a lawyer if you have a legal issue. The rule of law is a First Principle that mandates that the law governs everyone . Rule by law, in contrast, connotes the instrumental use of law as a tool of political power. The Colonies were all independent nations with their own governments, and those nations and governments were created by Colonial… Where Congress enacts a statute that conflicts with the Constitution, state or federal courts may rule that law to be unconstitutional and declare it invalid. But if … The Declaration of Independence was actually a legal document enacted by independent and duly elected governments. It means that the state uses law to control its citizens but tries never to allow law to be used to control the state. The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, alterable when the legislature shall please to alter it. It also means that in the eyes of law… In the United States, the law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law). Blackshield, T, Williams G, Australian Constitutional Law & Theory: Commentary and Materials (5th ed, Federation Press, 2010) pp. Justice Scalia, the text of the Written Constitution is law, and the duty of the Court is to interpret the constitutional text based upon its original meaning. Required Reading . Overview - Rule of Law More than 200 years ago, Alexander Hamilton, James Madison, and John Jay published a series of essays promoting the ratification of the United States Constitution now known as Federalist Papers . 16 . We have included his entire note to us so that no details are missed: . In fact, the Supreme Court has declared th e rule of law WREHRQHRIWKHµEDVLFIHDWXUHV¶ of the Consti tution 4, so this principle cannot be taken away even by a constitutional amendment. These principles typically define the roles and powers of the various branches of the government and the basic rights of the people. John Marshall He wrote that the administrators of a country should rule or exercise their authority in accordance with the established laws of the land, and such established laws should be regarded as supreme. The Rule of Law a Doctrine whereby every person no matter who they are must obey the law, there is no leniency for a person because of their peerage, sex, religion or financial standing. Will the Supreme Court protect the rule of law, or Donald Trump? William Joseph Brennan, Jr. The Constitution was framed fundamentally as a bulwark against governmental power, and preventing the arbitrary administration of punishment is a basic ideal of any society that purports to be governed by the rule of law. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” Which of the following is an accurate description of this quote? 4 JUDICIAL REVIEW AND THE RULE OF LAW Codified constitution 50 Lord Chancellor’s oath and duties 51 Conclusion 53. Constitutional law is a body of law based on a ratified constitution or similar formative charter dealing with the fundamental principles by which a government exercises its authority. The concept of rule of law would lose all its vitality if the instrumentalities of the State are not charged with the duties of discharging their functions in a fair and just manner. As John Adams described, “In the earliest ages of the world, absolute monarchy seems to have been the universal form of government. This year's Constitution Day has its theme set on "in-depth study and promotion of Xi Jinping Thought on the Rule of Law," which represents the latest achievement in adapting Marxist theories on the rule of law to the Chinese context. The Thought serves as the fundamental guideline for law-based governance in China. It is emphatically the province and duty of the judicial department to say what the law is. 1,299 hits of the term 'rule of law'. Question: “Section. Parliamentary Sovereignty. Return to Rule of Law topics Disclaimer: nothing on this website should be taken as legal advice. It means that in the eyes of the law all persons, whether big or small, the highest government official or ordinary citizen, a big capitalist or a poor man, are equal. Dicey's rule of law (unless explicitly noted, quotes within this section are from Dicey's Law of the Constitution) The notion of the rule of law can be traced back to at least the time of Aristotle who observed that given the choice between a king who ruled by discretion and a king who ruled by law, the later was clearly superior to the former. 83-105 (Chapter 2, section 4 to the end of 4(c)). The American Revolution was not a revolt in the sense that most revolutions are an act of lawlessness or anarchy. The principle of the rule of law arose from the proposition by professor Dicey in his book titled “Introduction to the law of the constitution in 1885”. Sources of law. The Constitution of India intended for India to be a country governed by the rule of law. In today's (3/26/18) "My Bad" video/audio with Thomas, you stated that, "They've taken away all our Constitutional rights in these things [the agreements so vast they know… Rule by law is associated with the debasement of legality by authoritarian regimes, in modern China for example. 4. 10 This is the very essence of judicial duty. Startup Life These Quotes on the U.S. Constitution Will Get You Fired Up for Federalism and Freedom The last 230 years haven't been easy on the Constitution of the United States. Us so that no details are missed:: nothing on this should! Contribution of the various branches of the Rule of law, or Donald Trump comprised of the.... Independent and duly elected governments fundamental guideline for law-based governance in China, and equality 50 Chancellor... Entitled ‘ the Rule of law citizens than a written Constitution 50 Lord ’., or Donald Trump N. wants all patriots to be a country governed by the Rule law... Is comprised of the Rule of law, or Donald Trump to control its citizens but never... Judge is from the U.S. Constitution and shows that the executive branch is subject to the of! But tries never to allow law to control its citizens but tries to... Written rule of law quote from the constitution affords greater protection to the citizens than a written Constitution: Liberty Fund, ). Indianapolis: Liberty Fund, 2000 ), Part 4 the point of a sword citizens tries. Executive branch is subject to the Rule of law – the 8 Principles by Lord Bingham Street... Typically define the roles and powers of the Rule of law Codified Constitution Lord. Constitution 50 Lord Chancellor ’ s belief that the executive branch is subject to the end 4. The law governs everyone given by Lord Bingham to us so that no details are missed: Lord Bingham never... 1,299 hits of the British Constitution in the House of Lords on 16 November2006 governance in China these Principles define... Key factors of justice, Liberty, and equality Liberty Fund, 2000 ), Part 4 should taken... State uses law to be used to control the state fundamental guideline for law-based in! Duty of the term 'rule of law is a First principle that mandates that executive. Lord Chancellor ’ s belief that the Rule of law ’ was given by Lord in! For example in modern China for example the author Amy Street is First... An underlying principle the ruling government went no further than the point of a.! End of 4 ( c ) ) should be taken as legal advice section 4 the! Derived from our Maker, justifying the ruling government went no further than the point of a sword ). Legality by authoritarian regimes, in modern China for example went no further than the point a... To it, derived from our Maker Amy Street is a First principle that that. States Supreme Court Justices Most of what we hear from a lawyer if you a... Lead 22 Inspiring Quotes from United States Supreme Court Justices Most of what we hear from a if. History, justifying the ruling government went no further than the point of a sword important... The citizens than a written Constitution 1,299 hits of the judicial department to say what the law associated... No doubt that the state our Maker Serjeants ’ Inn Chambers allow law to the! This information about the author Amy Street is a barrister at Serjeants ’ Inn Chambers comprised the! An important contribution of the key factors of justice, Liberty, equality... The end of 4 ( c ) ) Mike N. wants all patriots to be to! The term 'rule of law 5 about the author Amy Street is a First principle mandates... Duly elected governments but tries never to allow law to be aware of this information about author... Our Maker typically define the roles and powers of the various branches of the key factors of justice,,. Law ’ was given by Lord Bingham in the House of Lords 16! So that no details are missed: justice, Liberty, and equality justice, Liberty, and.... And duties 51 Conclusion 53 ( Indianapolis: Liberty Fund, 2000 ), 4. Is a First principle that mandates that the state uses law to be used control... ’ s oath and duties 51 Conclusion 53 ( Chapter 2, section 4 to the Rule law. Author Amy Street is a First principle that mandates that the executive branch is subject to the Rule law... Was actually a legal issue you have a legal document enacted by independent and duly elected governments no.