Rule of law is a legal system in which all people and entities are subject to the same laws. In this way, it ensures equality under the law, as opposed to rule by law, where those who make and enforce laws may apply them differently depending on personal opinions or feelings about individual cases. The concept can be traced back to Ancient Rome, but in modern democracies it has been given more prominence.
What is Rule of Law?
Rule of law (also known as the supremacy of law) is a concept in jurisprudence and political science. It ensures that everyone is subject to the same laws and that there are no unwritten rules nor any arbitrary decisions, but all must be done according to an established set of laws. It includes the ideas that no one is above the law – not even the lawmakers.
Most often, the rule of law is used as an argument against autocracy, dictatorship or abuse of authority. In this context, it may be considered as a principle which prohibits government from exercising arbitrary power by according itself discretionary power; power that can be exercised ‘at the will or pleasure’ of the power-holder.
What is Rule by Law?
Rule by law occurs when the government uses the law to control people, rather than using it to protect the rights of its citizens. This can lead to tyranny because those in charge can abuse their authority and misuse the law to do so without fear of punishment or retribution. Rule-by-law countries are also more likely to commit human rights violations like torture and imprisonment without trial. Rule by law is not the same as rule of law, which is a good thing.
Difference between Rule of Law and Rule by Law.
The term “rule of law” refers to a constitutional principle that the government and its officials and agents are accountable under the law. Rule by law, on the other hand, is the use of the law as a political tool: it is when government officials use their power over laws for their own benefit or advantage.
Rule of Law is a Fundamental Principle in any Modern State.
The rule of law is a fundamental principle of democracy, and the basis of the modern state. It consists in the application by government of laws that are clear and just.
Rule by Law is where laws are applied blindly and without regard to the circumstances (or individuals) involved. This can be seen as a dangerous form of legalism, since it removes discretion from those who enforce or apply the law.
Rule by Law is when an individual or group violates a rule because they know they will not be punished for it; this may also be called “rule by men” or “rule by whim”.
Conclusion
We have seen that there is a difference between rule of law and rule by law. Rule of law refers to the fundamental principle that government must be bound by the laws in the same way as any other person or organization. This means that no one should be above the law, not even those with power over others’ lives. Rule by law is when a government uses its power to make legislation in order to control its people rather than protect them from harm or abuse. These two concepts are very different from one another and each has different implications for how governments operate within society today.”
