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The great philosopher of all time Aristotle has given the comment on the rule of law. The
rule of law, also called supremacy of law, means that the law is above everyone and it applies to
everyone. Whether governor or governed, rulers or ruled, no one is above the law, no one is
exempted from the law, and no one can grant exemption to the application of the law.

The rule of law1 is an ambiguous term that can mean different things in different contexts. In one
context the term means rule according to law. No individual can be ordered by the government to
pay civil damages or suffer criminal punishment except in strict accordance with well-
established and clearly defined laws and procedures. In a second context the term means rule
under law. No branch of government is above the law, and no public official may act arbitrarily
or unilaterally outside the law. In a third context the term means rule according to a higher law.
No written law may be enforced by the government unless it conforms to certain unwritten,
universal principles of fairness, morality, and justice that transcend human legal systems.

This essay will be discussed in two separate parts. At first, we will discuss whether law is
more preferable than governing of any one of the citizens. And next, the necessity of acting as
guardians and servants of law by the people holding power will be discussed.



 

The concept of citizenship is composed of three main elements or dimensions. The first is
citizenship as legal status, defined by civil, political and social rights. Here, the citizen is the
legal person free to act according to the law and having the right to claim the law's protection. It
need not mean that the citizen takes part in the law's formulation, nor does it require that rights

1
The rule of law, also called supremacy of law, means that the law is above everyone and it applies to everyone.
Whether governor or governed, rulers or ruled, no one is above the law, no one is exempted from the law, and no
one can grant exemption to the application of the law.
be uniform between citizens. The second considers citizens specifically as political agents,
actively participating in a society's political institutions. The third refers to citizenship as
membership in a political community that furnishes a distinct source of identity.

In many ways, the identity dimension is the least straightforward. Arguably, this is
inescapable since citizens' subjective sense of belonging, sometimes called the ³psychological´
dimension of citizenship necessarily affects the strength of the political community's collective
identity. If enough citizens display a robust sense of belonging to the same political community,
social cohesion is obviously strengthened. However, since many other factors can impede or
encourage it, social integration should be seen as an important goal that citizenship aims to
achieve (or resolve), rather than as one of its elements. As we will see, one crucial test for any
conception of citizenship is whether or not it can be said to contribute to social integration.

Relations between the three dimensions are complex: the rights a citizen enjoys will
partly define the range of available political activities while explaining how citizenship can be a
source of identity by strengthening her sense of self-respect. A strong civic identity2 can itself
motivate citizens to participate actively in their society's political life. That distinct groups within
a state do not share the same sense of identity towards µtheir¶ political community (or
communities) can be a reason to argue in favor of a differentiated allocation of rights.






Governance is the activity of governing. It relates to decisions that define expectations,

grant power, or verify performance. It consists either of a separate process or of a specific part of
management or leadership processes. Sometimes people set up a government to administer these
processes and systems.

2
Civic identity is "working to make a difference in the civic life of our communities and developing the combination
of knowledge, skills, values and motivation to make that difference. It means promoting the quality of life in a
community, through both political and non-political processes."
 In terms of distinguishing the term governance from government - "governance" is what
a "government" does. It might be a geo-political3 government (nation-state), a corporate
government (business entity), a socio-political government (tribe, family, etc.), or any number of
different kinds of government. But governance is the kinetic exercise of management power and
policy, while government is the instrument (usually, collective) that does it.

 




There is clear evidence that the modern use of the phrase "government by laws and not by
men" derives directly from this statement of Aristotle4. Governance of law needs to fulfill these
following requirements:

Î Adherence to the rule of law is what guides us in our everyday social and legal
interactions, prevents anarchy, and hold us together as a people.
Î All are equal in the eyes of the law
Î Ôquality in the law as well as before the law
Î That people should be ruled by the law and obey it
Î The law should be such that people will be able to be guided by it
Î "Constitutionalism and the rule of law are cornerstones of the Constitution and reflect our
country¶s commitment to an orderly and civil society in which all are bound by the
enduring rules, principles, and values of our Constitution as the supreme source of law
and authority." (Marc Lalonde5)
Î The rule of law refers to the regulation of the relationship between the state and
individuals by pre-established and knowable laws. The state, no less than the individuals
it governs, must be subject to and obey the law. The state¶s obligation to obey the law is

3
An approach to politics originating in late nineteenth-century Germany that stressed the constraints imposed on
foreign policy by location and environment, geopolitics contributed to the emphasis on continuity in modern
political realism.
4
Aristotle (384 BC ʹ 322 BC) was a Greek philosopher, a student of Plato and teacher of Alexander the Great.
5
Marc Lalonde, PC , OC, QC (born July 26, 1929) is a retired Canadian politician and Cabinet minister.
Lalonde was born in Île Perrot, Quebec and obtained a Master of Laws degree from the Université de Montréal, a
Master's degree from Oxford University, and a Diplôme d'études supérieures en droit (D.E.S.D) from the University
of Ottawa.
 central to the very existence of the rule of law. Without this obligation, there would be
no enforceable limit on the state¶s power over individuals.
Î The law in our society is supreme. No one - no politician - no government - no judge - no
union - no citizen is above the law. We are all subject to the law. We do not get to pick
and choose the laws we will observe and obey. Ôach of us must accept the rule of all
laws, even if we have to hold our noses in complying with some of them.
Î The rule of law requires that (judicial) decisions be made by a court which is independent
of any influence or pressure by the executive and legislative branches of government
Î ëirst, that he rules of law provides that the law is supreme over the acts of both
government and private persons. There is, in short, one law for all. Second, the rule of
law requires the creation and maintenance of an actual order of positive laws which
preserves and embodies the more general principle of normative order. A third aspect of
the rule of law is that the exercise of all public power must find its ultimate source in a
legal rule. Put another way, the relationship between the state and the individual must be
regulated by law.

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Power should only be given to those kinds of people who can handle it with care, liability
and respect, someone who can keep it similar to everyone, without making any discrimination.
Supreme power can be exercised by only one person or a group of people under one leader who
act as the representatives of the citizens.

*
 
  

We will next consider the absolute monarch that we have just mentioned, who does
everything according to his own will: for a king governing under the direction of laws which he
is obliged to follow does not of himself create any particular species of government, as we have
already said: for in every state whatsoever, either aristocracy or democracy, it is easy to appoint a
general for life; and there are many who entrust the administration of affairs to one person only;
such is the government at Dyrrachium6, and nearly the same at Opus7. As for an absolute
monarchy as it is called, that is to say, when the whole state is wholly subject to the will of one
person, namely the king, it seems to many that it is unnatural that one man should have the entire
rule over his fellow-citizens when the state consists of equals: for nature requires that the same
right and the same rank should necessarily take place amongst all those who are equal by nature:
for as it would be hurtful to the body for those who are of different constitutions to observe the
same regimen, either of diet or clothing, so is it with respect to the honors of the state as hurtful,
that those who are equal in merit should be unequal in rank; for which reason it is as much a
man's duty to submit to command as to assume it, and this also by rotation; for this is law, for
order is law; and it is more proper that law should govern than any one of the citizens: upon the
same principle, if it is advantageous to place the supreme power in some particular persons, they
should be appointed to be only guardians, and the servants of the laws, for the supreme power
must be placed somewhere; but they say, that it is unjust that where all are equal one person
should continually enjoy it. But it seems unlikely that man should be able to adjust that which the
law cannot determine; it may be replied, that the law having laid down the best rules possible,
leaves the adjustment and application of particulars to the discretion of the magistrate; besides, it
allows anything to be altered which experience proves may be better established. Moreover, he
who would place the supreme power in mind would place it in God and the laws; but he who
entrusts man with it, gives it to a wild beast, for such his appetites sometimes make him; for
passion influences those who are in power, even the very best of men: for which reason law is
reason without desire.

*   
  

Democracy is a political government either carried out directly by the people (direct
democracy) or by means of elected representatives of the people (Representative democracy).
Ôven though there is no specific, universally accepted definition of 'democracy', there are two
principles that any definition of democracy includes equality and freedom. These principles are
reflected by all citizens being equal before the law, and having equal access to power, and

6
Dyrrachium is the second largest city of Albania. It is the most ancient and one of the most economically
important cities of Albania.
7
Opus in Ancient Greece, the chief city of Opuntian or Eastern Locris
freedom is secured by legitimized rights and liberties, which are generally protected by a
constitution.

There are several varieties of democracy, some of which provide better representation
and more freedoms for their citizens than others. However, if any democracy is not carefully
legislated to avoid an uneven distribution of political power with balances, such as the separation
of powers, then a branch of the system of rule could accumulate power and become harmful to
the democracy itself.

The "majority rule"8 is often described as a characteristic feature of democracy, but without
responsible government or constitutional protections of individual liberties from democratic
power it is possible for dissenting individuals to be oppressed by the "tyranny of the majority"9.
An essential process in representative democracies is competitive elections that are fair both
substantively and procedurally. ëurthermore, freedom of political expression, freedom of
speech10 and freedom of the press are essential so that citizens are informed and able to vote in
their personal interests.

Popular sovereignty is common but not a universal motivating subject for establishing a
democracy. In some countries, democracy is based on the philosophical principle of equal rights.
Many people use the term "democracy" as shorthand for liberal democracy, which may include
additional elements such as political pluralism, equality before the law, the right to petition
elected officials for redress of grievances, due process, civil liberties, human rights, and elements
of civil society outside the government.

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8
Majority rule is a decision rule that selects one of two alternatives, based on which has more than half the votes.
It is the binary decision rule used most often in influential decision-making bodies, including the legislatures of
democratic nations.
9
The phrase tyranny of the majority, used in discussing systems of democracy and majority rule, is a criticism of
the scenario in which decisions made by a majority under that system would place that majority's interests so far
above a dissenting individual's interest that the individual would be actively oppressed, just like the oppression by
tyrants and despots.
10
Freedom of speech is the freedom to speak without censorship and/or limitation. The synonymous term
freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking,
receiving and imparting information or ideas, regardless of the medium used.
 Rule of law is a general legal maxim according to which decisions should be made by
applying known principles or laws, without the intervention of discretion in their application.
This maxim is intended to be a safeguard against arbitrary11 governance. Signifies a judgment
made at the discretion of the arbiter, rather than according to the rule of law.

Generally speaking, law is a body of rules prescribed by the state subject to sanctions or
consequences. The predominant view is that the concept of "rule of law" per se says nothing
about the "justness" of the laws themselves, but simply how the legal system operates. As a
consequence of this, a very undemocratic nation or one without respect for human rights can
exist with a "rule of law".

Detractors of judicial activism charge that it usurps the power of the elected branches of
government or appointed agencies, damaging the rule of law and democracy. They argue that an
unelected or elected judicial branch has no legitimate grounds to overrule policy choices of duly
elected or appointed representatives, in the absence of a real conflict with the constitution. In
some instances, government regulation by appointed officers in government agencies are
overturned by elected judges.

In all societies there should be followed the law of natures as well as the law of the lord.
The regulation and the conformity should come from the heart. Aristotle said that, that the
persons holding supreme power "should be appointed only guardians and servants of the law,"
and that "he who would place supreme power in mind, would place it in God and the laws. He
condemns the kind of government in which "the people govern and not the law" and in which
"everything is determined by majority vote and not by law." Such a government is to him not
that of a free state, "for, when government is not in the laws, then there is no free state, for the
law ought to be supreme over all things. " A government that "centers all power in the votes of
the people cannot, properly speaking, be a democracy: for their decrees cannot be general in their
extent."

In a political system which adheres to the significance of the rule of law, the law is
supreme over the acts of the government and the people.

11
The word "arbitrary comes from the Latin "arbiter"
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It may also be a doubt where the supreme power ought to be lodged. Shall it be with the
majority, or the wealthy, with a number of proper persons, or one better than the rest, or with a
tyrant? But whichever of these we prefer some difficulty will arise. The poor may then divide
among themselves, what belongs to the rich: nor is this unjust; because truly it has been so
judged by the supreme power. But what avails it to point out what is the height of injustice if this
is not? Again, if the many seize into their own hands everything which belongs to the few, it is
evident that the city will be at an end. But virtue will never destroy what is virtuous; nor can
what is right be the ruin of the state: therefore such a law can never be right, nor can the acts of a
tyrant ever be wrong, for of necessity they must all be just; for he, from his unlimited power,
compels everyone to obey his command, as the multitude oppress the rich. Is it right then that the
rich, the few, should have the supreme power? And what if they are guilty of the same rapine and
plunder the possessions of the majority that will be as right as the other: but that all things of this
sort are wrong and unjust is evident. Well then, these of the better sort shall have it: but must not
then all the other citizens live dishonored, without sharing the offices of the city; for the offices
of a city are its honors, and if one set of men are always in power, it is evident that the rest must
be without honor. Well then, let it be with one person of all others the fittest for it: but by this
means the power will be still more contracted, and a greater number than before continue
dishonored. But someone may say that it is wrong to let man have the supreme power and not the
law, as his soul is subject to so many passions. But if this law appoints an aristocracy, or a
democracy, how will it help us in our present doubts? ëor those things will happen which we
have already mentioned.

We can conclude with the view that the law should be always equal for everyone; no
discrimination should be appeared in any circumstances. It means the law should be enforced as
same as for the servants as well as for the king. No one is out of the law. But enforce the right
judgment the law should be governed by one or somebody who has the ability to handle the
supreme power with loyalty, the one may be from the citizens of the nation. But to whom the
supreme power is given will act as the guardian of the law, not as the anarchist. He should act
also as the servant of the law as well otherwise full respect will not be proven to the law.
‰‰$#!%(

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