Western Concept: Magna Carta in 1215:

No free man shall be taken or imprisoned or exiled or In any way destroyed nor will go or send for him Except under a lawful judgment of his peers And by the law of the land

Sixteenth century:Isonomia (Isonomy) was imported to England from Italy Equality before law it was replaced by the word rule of law Originator:Sir Edward That the king should be under the God and the law And must be subject to law That the government should be subjectto law rather than the Law subject to government.

Subject: Administrative law

Standard: LL.B second year

Topic: Rule of Law

MUNIR HUSSAIN KTK Lecturer UNIVERSITY LAW COLLEGE

QUETTA

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Objectives To Learn the

1. Concept of Nomocracy 2. Historical background

-Government of law-the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws-The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials

Rule of Law

Rule under lawRule according to

law

Rule by Law

During the thirteenth century, Thomas Aquinas argued that the rule of law represents the natural order of God as ascertained through divine inspiration and human reason. In the seventeenth century, the English jurist Sir Edward Coke asserted that the "king ought to be under no man, but under God and the law." With regard to the legislative power in England, Coke said that "when an act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the Common Law will control it, and adjudge such act to be void." In the United States, Alexander Hamilton applied the rule of law to the judiciary when he argued in The Federalist, no. 78, that judges "have neither Force nor Will, but merely judgment."

Rule according to higher law

Historical background:Confucius’ supremacy of law Aristotle: In Greece Aristotle wrote that "law should be the final sovereign, law should governedO2 thousand years ago in his treatise politics he said That the state cannot itself create the law because That would mean to abolish Justice itself.It would be a sin against God who creates the law.Romans called that Jus naturale Mediaevalist called that Law of God Hobbes and Rousseau calls it Social contract or natural law Modern man calls it Rule of law