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The term "rule of law" was popularised by British jurist A. V. Dicey, [11] who viewed the rule of law in common law systems as comprising three principles. First, that government must follow the law that it makes; second, that no one is exempt from the operation of the law and that it applies equally to all; and third, that general rights ...
In international law, the principle is known as the Lotus principle, after a collision of the S.S. Lotus in international waters. The Lotus case of 1926–1927 established the freedom of sovereign states to act as they wished, unless they chose to bind themselves by a voluntary agreement or there was an explicit restriction in international law ...
This concept of the rule of the law can, therefore, be upheld by even the most tyrannical dictatorship. Such a regime may allow for the normal operation of courts between private parties, and the limited questioning of the government within a dictatorial framework. [1] Whether the rule of law can truly exist without democracy is debated.
The theme of the New Delhi Congress was "The Rule of Law in a Free Society". The Congress further developed the principles and procedures underlying the Rule of Law as well as defining and clarifying the concept itself.
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. [1] The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ...
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
The most broadly accepted meaning of the rule of law, advocated by Lord Bingham, includes the principle of legality, human rights and commitment to democracy and international law. [100] The rule of law also requires law is truly enforced, though enforcement bodies may have room for discretion.
The letter of the law and the spirit of the law are two possible ways to regard rules or laws.To obey the letter of the law is to follow the literal reading of the words of the law, whereas following the spirit of the law is to follow the intention of why the law was enforced.