Applicability of Rule of Law in Different Countries

Running head: ADMINISTRATIVE LAW
Administrative Law
Name of the University
Name of the Student
Author Note

1ADMINISTRATIVE LAW
The rule of law recognises the supremacy of law. It establishes that no person should
be above the law. For a democracy to be well functioning, there needs to be a recognition of
the rule of law. The essentials of democracy, for instance, the system of fair election, respect
of human dignity and rights, and a participative society is the basis of rule of law. The
application of rule of law may differ from one country to another. The purpose of this study is
to identify the difference in applicability of rule of law in various countries. This essay shall
first identify the rule of law in various countries and emphasis the difference in the
applicability of the rule of law in those countries.
The origin of the rule of law in the English legal system can be linked with the origin
of English Constitution. The rule of law in England has empowered the Parliament to make
any changes in their constitutions and no political authority holds the power to control the
constitutionality of an enacted legislation. The parliamentary sovereignty discards the
division between the fundamental or constitutional law and the ordinary laws. The formal
legal source of law in the country is the legislative sovereignty of parliament. The parliament
reserves the right to abolish or create a new law, and no other individual or organ has the
power to ignore the parliamentary legislations1. Though England has no written constitution,
still it is considered as the bastion of rule of law. It was assumed that the King shall not be
subjected to men, as he makes the law. He shall be subjected to the God and the law. The
rights of the individuals, though were secured but not guaranteed by the any formal document
such as a written document, but they are guaranteed by the remedies of the private law which
are available against the person who has unlawfully interfered with the liberty of the other
person. The rule of law under the English constitution recognises equal protection of law to
person within its jurisdiction. The same has been recognised in the constitutions of Canada
and Germany. The rule of law in English legal system does not impose a legal limits upon the
1 Raz, Joseph. "The rule of law and its virtue." The Rule of Law and the Separation of Powers. Routledge, 2017.
77-94.

2ADMINISTRATIVE LAW
Parliamentary sovereignty. Additionally, in the English rule of law, the Acts of the
Parliaments are not subjected to judicial review.
The same is followed in the United Kingdom, as the Courts has no power of judicial
review of the Acts of the Parliament. Rule of law is the fundamental principles of the
constitution of the United Kingdom, which recognises the supremacy of law. The rule of law
in UK ensure that all the citizens are treated equally and that they have the same rights and
access to the legal system. One of the main aspects of the UK rule of law is that the judges
should be non-political and impartial2. The applicability of rule of law mandates that under
any kind of political influence, the judges should be independent. The connection between
the House of Lords and the judiciary was severed by the establishment of the Supreme Courts
in the United Kingdom.
Whereas, in the case of Parti ecologiste Les Verts, the European Court of Justice
declared that the European Union is not a state that is governed by the rule of law, but is a
community which is based on the rule of law3. The European Union enables the independent
Courts to review the decisions of the public authorities. In the R.J. Reynolds Tobacco
Holdings, Inc. v. Commission of the European Communities, a2006 E.C.R J-7795, 7837, the
Court of Justice stated that the fundamental elements of the Constitution of European Union
is the access to justice, which is based on rules of law4. The Court of Justice has the power to
review the legality of the measures adopted by various institutions. European Union is the
party to the Treaty on European Union, which provides under Article 2 that, the applicability
of rule of law in European Union is established on the value of respect for the human dignity,
equality, democracy, respect for human rights and freedom5. The members of this treaty are
2 Inbrief.co.uk. Inbrief.Co.Uk, 2018, https://www.inbrief.co.uk/legal-system/the-rule-of-law/. Accessed 22 Nov
2018.
3Parti ecologiste Les Verts (1986) Case 294/83, [1986] ECR 1339
4 R.J. Reynolds Tobacco Holdings, Inc. v. Commission of the European Communities, a2006 E.C.R J-7795,
7837
5 Europa.eu. 2018, https://ec.europa.eu/info/policies/justice-and-fundamental-rights/effective-justice/rule-
law_en. Accessed 22 Nov 2018.