Posts

Showing posts with the label Rule of Law

What Do You Mean By Judgement

Image
Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s...
Post a Comment
Read more

Rule of Law: Meaning and Object

Image
Rule of Law Meaning: The Rule of Law is one of the pillars of democracy. It means the rule of the Government is according to the procedure established by law, not according to mercy of the executive. Lord Hewart defined it as "supremacy or the preponderance of law as against arbitrariness". According to Professor Dicey the main features of the rule of law are: (a) Absence of arbitrary power on the part of the Government. It means that the state must make a distinction between regular and arbitrary power. (b) It guarantees the equality before the law. Dicey says, "not only that no man is above the law", but is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals". (c) "The Constitution is part of the ordinary law of the land". The rule of law is a basic structure of the Constitution apart from democracy. The rule of law postulates the pervasiveness of the spirit of law throughout ...
Post a Comment
Read more

Rule of Law and Administrative Law

Image
Meaning and Origin:-  The rule of law is product of centuries of struggle of the people for the recognition of their inherent rights. In classical Greece Aristotle wrote that "law should be the final sovereign". In 1215, the Magna Carta checked in the corrupt and whimsical rule of king John by declaring that Government should not proceed except in accordance with the law of the land. During the thirteenth century, Thomas Aquinas argued that rule of law represents the natural order of God as ascertained through divine inspiration and human resource. In the seventeenth century, the English jurist Sir Edward Coke asserted that the "king ought to be under no man, but under God and the law." Despite in ancient history,the rule of law is not celebrated in all quarters. The English philosopher Jeremy Bentham described the rule of law " nonsense on stilts." The twentieth century has seen political leaders who have oppressed disfavoured persons or groups, w...
Post a Comment
Read more