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Question

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

  1. Which of the following is not a theory of legal personality?
  2. Match the LIST-I with LIST-II
    LIST-I ProfounderLIST-II Idea
    A. MimansaI. Law and Morals are same
    B. SmritiII. "Idea of Values" is the foundation
    C. Post Reformation EuropeIII. Law derives authority from State and not morals
    D. KorknovIV. There is distinction between obligatory and recommendatory rules

    Choose the correct answer from the options given below:
  3. 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.
  4. "True subject matter of ownership in all cases is a right". Who gave this statement?
  5. 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:
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