Rule of Law and Democratic Conduct

Rule of Law 

Rule of law is the legal principle that a nation should be governed by the law rather than arbitrary decisions of individual government offices. It is also known by Supremacy of Law. Constitutional Supremacy, etc. In the rule of law, no one is discriminated. The law provides equal protection to all. It stands in contrast to the idea that the ruler is above the law. The government officials and the government activities are under the laws. Rule of law implies that every citizen is subjected to the law, including law makers themselves. In this sense, it stands in contrast to an autocracy, dictatorship, or oligarchy where the rulers are held above the law. Government based upon the rule of law is called nomocracy.

The rule of law is a system in which the following four universal principles are upheld:

1. The government, its officials, agents as well as individuals and private entities are accountable under the law.
2. The laws are clear , publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property.
3. The process by which the laws are enacted , administrated , and enforced is accessible, fair and efficient. 
4. Justice is delivered timely  by competent, ethical and independent representatives and neutrals that are of sufficient number, have adequate resources, and reflects the makeup of the communities they serve.

The credit for popularizing the concept " The Rule of Law" in modern times is given to A.V. Dicey, a British professor. He focuses the following assumptions to be in the rule of law:

Supremacy of law: There should be the supremacy of law in the nation. No dictatorship or arbitrary power should get the place in the rule of law. No one is above the law. No one shall be punished unless s\he breaches the existing law.

Equality by the law: Every person is equal before the law. S/he is provided with equal protection of law regardless of their post and rank. The single law is enforced to all people.

Constitution, as the source of law: The constitution is the supreme law in the countries in which there is written constitution. All the laws are the output of constitution.

Basic Elements of Rule of Law

To ensure the rule of law, we need the following elements in the nation:

• Equality and equity
• Periodic election
• Democracy and human rights
• Transparency and accountability
• Independent and competent judiciary
• Good governance
• Limited role of government
• Separation of power and balance of power

Need of Rule of Law

The rule of law is needed to maintain the following aspects in the country:

• Assurance of independent judiciary and media
• Feeling of  belonging of all in the governing process
• Peace and stability
• Supremacy of law
• Promotion of social justice and equality
• End of impunity
• Democracy and the government responsible towards the people

Obstacles in the promotion of rule of law 

The following are the obstacles that have been preventing progress of rule of law :

• Lack of mechanisms that can maintain every institution, law and policy of the nation.
• The trend of interpreting the laws looking after own desires.
• Corruption and abuse of authority.
• To remain the verdicts of Supreme Court unimplemented which is given in favor of rule of law.
• The tendency of seeking rights without fulfilling one's duty.
• Seeking the legal solution of all the problems and neglecting social and cultural scopes.

Measures to promote rule of law

All the citizens should have the positive attitude and culture to abide by the laws. To maintain the rule of law in the country, the citizens should be encouraged to be honest, determined to follow the laws existing in the nation and familiar with the national and international laws. The following measures are useful to maintain rule of law :

• Implementation of the decisions of judicial bodies;
• Expansion of civic education against corruption;
• Awareness among the people that one should fulfill the duties before demanding the rights;
• Formulation of inclusive laws;
• Interpretation according to the real spirit of the law;
• Making the future plan of the nation with clear and sustainable roadmap;
• Exploring the alternative ways also to solve the social problems in addition to legal solution.

Democratic Conduct

Democratic Conduct

Democracy is the free and equal representation of people in the governance system. A country, with a government elected freely and equally by all of its citizens is called a democratic nation. In the democratic nation, the people are expected to practice the democratic conduct. The government in a democratic nation is responsible toward the people. There is representative system of governance. The elected representatives are active to fulfill the need and aspiration of people. The rights of people are protected by the constitutions and laws.

Democratic Conducts

On the  basis of above mentioned values and norms, the following aspects are considered the democratic conducts.

a. Active civil society:

Civil society is a voluntary group formed by the citizens with a purpose to accomplish a certain goal . If the civil society is active, the democratic conduct and democracy get institutionalized. Democracy provides full authority to people. The civil society should be active for the right utilization of such authority. Democratic conduct can be developed in the civil society through moral and civic education and awareness.

b. Freedom of expression and press: 

Freedom of expression and opinion helps to maintain democratic norms and values and democratic conduct. It is the right of citizen to get information about the political, social , economic and cultural activities. If citizens enjoy freedom of expression and press, they can identify the solutions to the problems and develop their conduct accordingly.

c. Good governance: 

Good governance is related to the process of governing a state in the best manner. In the democratic governance system, the people have the right to know the government's  activities. The reaction of the government's activities is known from the opinions expressed by the people. Thus, it is necessary to make the people informed about the activities of government. Good governance is maintained through transparent working procedures and responsible governance. Good governance is possible only from the democratic conduct.

d. Inclusive governance system: 

A governance system in which there is identity and representation of all caste, religion, language, gender, race, region, physical disability, etc. is known as inclusive governance system. It is the democratic norm that all the people make themselves feel as being in the governance. Positive discrimination, right to social justice and directive principles, policies and responsibilities should accept the inclusive system. It is a democratic conduct.

e. Pluralism: 

The existence of groups with different ethnic, religious, or political backgrounds within one society is known as pluralism. All the people do not have single view and opinion. There can be diversity of opinion in democracy but such diversity should be accepted. Democracy should adopt the diversity in view, culture and opinion. Pluralism covers the diversity of opinion in the governance system.

f. Protection of fundamental rights ; 

Democratic conduct means to reflect the aspiration of people and protection of fundamental rights of people. The fundamental rights managed in the constitution should be respected. Everyone should help in the unhindered implementation of such fundamental rights. If the fundamental rights are infringed, legal protection and remedy should be provided.

g. Public participation in governance : 

The participation of people in governance is necessary. Periodic election is held so that the regular representation of people in the governance  is ensured. The election should be valid, impartial and fair. The government is formed by the elected representatives of the people.

h. Respect to minority:

Minority refers to a group with insufficient votes to win. Generally, there is a rule of majority in democracy. The majority gets the authority to form government and rule the nation. Minority plays an important role to prevent the majority from running arbitrary government. Where there is respect to minority, there is a disciplined and responsible majority. Thus, minority is free to criticize the decision of majority in democracy.

i. Supremacy of law: 

A rule of law is expected in the democracy. The government is run by the law, not by the decision of an individual . As there is supremacy of law, everyone should enjoy the right and fulfill the obligation as per the law. It is called democratic conduct. 

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