SYNOPIS

RULE OF LAW AND COURTS IN DEMOCRAZING REGIMES:

COMPARATIVE STUDY
Statement of the Problem

The statement of the problem is in simple terms, democracy focuses on how societies select
those who will hold power, while the rule of law is concerned with how political power is
exercised. The underlying premise of rule of law implies that every citizen is subject to and
accountable under the law, including law makers and those in government positions. In this
sense, the rule of law seems to encourage governance through democracy created for and by the
people, as much as it stands in stark contrast to the concepts of dictatorship, autocracy and
oligarchy where those in positions of power and governance conduct their affairs outside and
above of the purview of the law. In its truest sense, rule of law governance is called a
“nomocracy”, from the Greek nomos (law) and kratos (rule). Today, democracy is the most
closely aligned with rule of law governance.

“Human rights, the rule of law and democracy are interlinked and mutually reinforcing and that
they belong to the universal and indivisible core values and principles of the United Nations.”
United Nations General Assembly, 2012.

Building democracy and the rule of law may be mutually reinforcing processes. The rule of law
is a critical factor for the advancement of democracy, rooted in equal rights and accountability.
By strengthening the rule of law, we protect the rights of all people, advance inclusiveness, and
limit the arbitrary exercise of power, which are the cornerstones of modern democracy.

Survey of the Existing Literature

1. F. A. Hayek, Law, Legislations and Liberty, vol.3, The Political Order of a Free
People,(Chicago: University of Chicago Press: London: Routledge & Kegan Paul, 1979:
the political aspects of the current decline, as he sees it, in the theory and practice of
modern democracy.
2. Tobias Berger and Milli Lake, The Oxford Handbook of Governance and Limited
Statehood, 2018: the promotion of human rights, the rule of law, and democracy by
external actors in areas of limited statehood.
3. Peter van Lochem, The Theory and Practice of Legislation, 2017: Political leaders
opposing the requirements of the rule of law are not exceptional. In failed states it is even
common to ignore the rule of law.
4. Jeremy Waldron, Legislation and the Rule of Law, 2007: the hostility to legislation—
particularly social and economic legislation, legislation that restricts the use of property
or interferes with or restructures market process—implicit in some recent discussions of
the rule of law.
 5. Sir John Laws, The Rule of Law: The Presumption of Liberty and Justice, 2017: The rule
of law is the beginning and end of what I have to say.
6. Lord Bingham, The Rule of Law and the Sovereignty of Parliament, 2008: The rule of
law as one which, allowing for some flexibility and variation, we broadly share with
other liberal democracies around the world.
7. Ronan Cormacain, Legislation, Legislative drafting and the Rule of Law, 2017: The
concept of legislation against the rule of law only makes sense if there is a nexus between
legislation and the rule of law.
8. Pauline C. Westerman, The Rule of Law as export product, 2017: a philosophical
analysis of how the Rule of Law is conceptualized in this context, and develops some
hypotheses concerning the way in which relations between donor countries and receiving
countries risk achieving the opposite of what is intended.
9. Kwame Frimpong, The rule of law and democracy in Ghana since independence: Uneasy
bedfellows?, 2018: There is irrefutable evidence supporting the assertion that Ghanaians
have consistently rejected any form of abuse of power and dictatorial rule.
10. S. K. Ali, Rule of Law: A Far Cry in Indian Democracy, 2013: Rule of Law which is
Supremacy of Law, Equality before Law and the Predominance of Legal Spirit is the
basic pillar of the British Constitution propounded by Prof. Dicey to protect the citizen
from the arbitrary power of the state.
Research Question
1. Whether Rule of Law & Democracy works together or even the state can work even in
the absence of democracy?
2. How Rule of Law seems to encourage governance through Democracy or whether it act
as a critical factor for the advancement of democracy?

Hypothesis

The hypothesis of this work is that rule of law is the basic essential required in the functioning of
the democracy and the rule of law plays a pivotal role in the advancement of democracy. Also,
the work lead to a probable conclusion that initially there was no democracy but there was rule
of law followed in different states.

Objective and scope of the Research

The objective of the research is to understand that how rule of law and democracy works
together and also to analyze that how rule of law seems to encourage governance through
democracy. The works also inclides that aspects that how rule of law can work even in the
absence of democracy, what are the reasonable restrictions on the rule of law. The scope also
covered how rule of law can act as a critical factor in the advancement of democracy.

Research Methodology Adopted

The research methodology is ‘Doctrinal’ based on secondary resources. The methodology

adopted is based on situational analysis study. The Data on the subject collected and analysed
and the final report will highlight the major finding regarding the same.
Problem Outcome

The outcome of the work is to get to know about the concept of rue of law and how it plays an
influential role in the advancement of democracy. The outcome also includes that how weak the
democracy will be in the absence of the rule of law.

Chapterization

1. Introduction
2. Theoretical dimension
3. Working of Rule of Law and democracy case study
4. Globalization working Rule of Law and democracy
5. Conclusion

Submitted By:-

Divyansh Bhargava

B.A. LLB (Constitutional Law) B2

Roll No.- R154216042

SAP ID;- 500052812