Which of the following are correct about 'Rule of Law'? A. It is derived from French phrase "La principe de legalite" B. It is called supremacy of law C. It promotes arbitrary governance D. Decisions could be made by discretion only Choose the correct answer from the options given below:
The correct answer is
A, B Only
Rule of Law Concepts Explained
The question asks us to identify the correct statements regarding the 'Rule of Law'. The 'Rule of Law' is a core principle in many legal and political systems, ensuring that everyone is subject to the law.
Legality Principle & Rule of Law Origin
Statement A suggests that the 'Rule of Law' is derived from the French phrase "La principe de legalite".
"La principe de legalite" translates to the "principle of legality". This principle emphasizes that governmental authority and actions must be clearly defined and authorized by law.
While the concept of the Rule of Law has roots in various historical traditions, including ancient Greece and Roman law, and was significantly developed in English common law (e.g., by A.V. Dicey), the principle of legality is closely related. It ensures that power is exercised according to law, which is a fundamental aspect of the Rule of Law.
Considering the context and options provided, this statement is treated as correct.
Supremacy of Law Aspect
Statement B states that the 'Rule of Law' is called the 'Supremacy of Law'.
This is accurate. The term 'Supremacy of Law' is often used synonymously with the Rule of Law.
It signifies that the law is the highest authority, and everyone, including government officials and institutions, must abide by it. No individual is above the law.
Therefore, statement B is correct.
Arbitrary Governance Opposition
Statement C claims that the 'Rule of Law' promotes 'arbitrary governance'.
This is incorrect. The essence of the Rule of Law is to prevent arbitrary governance.
It ensures that governance is predictable, accountable, and based on established legal procedures, rather than the whims or arbitrary decisions of rulers.
Hence, statement C is false.
Discretionary Decisions vs Rule of Law
Statement D suggests that decisions could be made by 'discretion only'.
This is also incorrect. The Rule of Law requires that decisions be made according to established laws and procedures, not solely based on the arbitrary discretion of individuals.
While some laws might grant limited discretion, the principle emphasizes that this discretion must be exercised within legal boundaries and cannot replace the rule of law itself. Decisions should not be based on 'discretion only'.
Therefore, statement D is false.
Correct Rule of Law Statements
Summarizing our analysis:
Statement A: Correct (related to legality principle).
Statement B: Correct (synonymous with Supremacy of Law).
Statement C: Incorrect (Rule of Law opposes arbitrary governance).
Statement D: Incorrect (Rule of Law requires decisions based on law, not solely discretion).
The correct statements about the 'Rule of Law' are A and B.
Evaluating the Options
Now let's look at the given options based on our findings:
Option Combination
Analysis
1. B, C Only
Incorrect, as statement C is false.
2. C, D Only
Incorrect, as both statements C and D are false.
3. A, D Only
Incorrect, as statement D is false.
4. A, B Only
Correct, as both statements A and B are true.
The option stating 'A, B Only' correctly identifies the accurate statements about the Rule of Law.
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Important Questions from Jurisprudence
Which of the following is not a theory of legal personality?
Which of the following are correct about "legal theory"? A. It defines Law B. It analyses legal concepts C. It deals with mere theory and has no practical importance D. It highlights salient features of legal system Choose the correct answer from the options given below.
Arrange the following in the historical order of development of Natural Law theories (ascending) A. Union with Divine is end of law B. Church is the law giver C. Development of idea of Rationalism D. Revival of Natural Law Choose the correct answer from the options given below: