Rule of Law & Politics
The Rule of Law means that society is governed by the law, and the law alone. This means society is ruled by the law and not by a Monarch,Dictator or Democratic Government. No Monarch, Dictator or Democratic Government is above the Rule of Law, which is supreme. Tragically this concept is not understood by those, who are entrusted with the task of governing a State. Those governing a State and those being governed are all subject to the Rule by the law and not by a Ruler.
“A.V. Dicey in Law of the Constitution” postulates that ‘rule of law’ which forms a fundamental principle of a Constitution has three meanings one of which is described as follows:-
“It means, in the first place, the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness or prerogative, or even of wide discretionary authority on the part of the government. Englishmen are ruled by the law, and by the law alone …. “
Thescheme forfunctioning of a Government of a State is known as the art of politics. Behavioral patterns within democratic governments, special interest groups, institutions et alare components coming within the purview of politics. Hence the famous saying – a Government of the people, by the people, and for the people.
conferment of authority or powervis-à-vissocial relationships, as well as policy formulations,fall within the art of politics. However, no organ of Government or institution should have unchecked or unfettered power and authority, and they should be subject to the dicta of the rule of law, with all being equal before the law and entitled to the equal protection of the law.It is said that it is the judiciary that is entrusted with the task of keeping every organ and institution within the ambit of the rule of law.
Rule of law
It is consequently a pre-requisite that rules and regulations are enacted for the conduct of civilized societies. With just and equitable rules of law different segments of society could be brought together, as a harmoniously functioning pluralistic society with any minorities having a sense of protection provided by the majorities. Some of the characteristics of the rule of law are the following:
Ø Supremacy of the Law: It spells out that every individual of a State arethe subject equally before the law.
Ø Concept of Justice: Independent and impartial judiciary, blind to the status or standing of persons.
Ø Restrictions: Exercise of arbitrary discretionary power is restrained.
Ø Doctrine: the doctrineof judicial proceduresand authorities.
Ø Common Law: accepted expected norms of behavioral conduct patterns.
Ø Legislation: enactment of prospective and not retrospective legislation.
The management of the resources of the people, which are held in trust, on their behalf, by democratic governments or even by Kingsas a doctrine of social contractual trust has been define as follows, abuse of which would only lead to social rebellion :
” ….. The ruler’s trusteeship of the resources of the State which belong to the people is a part of the legal heritage of Sri Lanka dating back at least to the third century BC as pointed out by Justice Weeramantry in his separate opinion in the International Court of Justice in the Danube Case, by quoting the sermon of ArahathMahinda to King DevanampiyaTissa as recorded in the Great Chronicle – Mahawamsa” – June, 2009, Supreme Court of Sri Lanka
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