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Lesson       Rule of Law
         5.8



                          FACTS        Government based upon the rule of law is called
                        to Understand  Nomocracy. Nomocracy is the political system
                                       upon the sovereignty rational laws and civic rights.



           The legal principle that a nation should be governed by the law rather than arbitrary
           decisions  of  individual  government  official.  It  is  also  known  by  constitutional
           supremacy, supremacy of law, etc. No one is discriminated in rule of law. The law
           provides  equal  justification  and  protection  to  all.  The  government  official  and  the
           activities are under the rule of law. Rule of law implies that every citizen is subjected
           to the  law,  including  law  makers  themselves.  In  this  sense,  it  stands against the
           autocracy, dictatorship or oligarchy where  the rules  are held above the law. The
           government based upon the rule of law is called nomocracy.
           The  concept of  rule  of law  was  popularized by
           British  Professor  A.V. Dicey in  1855 A.D.  He
           focused on the three principles in rule of law in
           his book named “Law of the Constitution”. These
           principles are as follows:

           1.    Constitution  as  the  source  of  law:  the
                 constitution is the supreme law of country.
                 All the laws are the output of constitution.
           2.    Supremacy of law: No one is above law, No
                 dictatorship or arbitrary power should get
                 the place in the rule of law.
           3.    Equality by the law: Everyone is equal
                 before law. Law is equally applicable  to
                 everyone,  its  practice  and interpretation
                 does not differ from person to person.                  A.V. Dicey
           When Dicey’s book published the concept of rule of law was globalized. It became the
           essence of democracy. The term “Rule of Law” has been a core essence of democracy
           and good government.

           Importance of Rule of Law

           Rule of law is very important in democratic system of government. Democracy cannot
           bloom in its absence. There are many governmental decision formulated by applying
           legal principles considering the virtue of rule of law. Some of its importance are given
           as follows:





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