The Rule of Law: A Comparative Analysis Across Different Countries

This essay undertakes a comparative analysis of the rule of law across various countries, including the United Kingdom, the United States, Singapore, and Malaysia. It begins by defining the rule of law and its significance in a functioning democracy, emphasizing the supremacy of law and equal treatment under the legal system. The essay then explores the historical development and application of the rule of law in England, highlighting parliamentary sovereignty and the absence of a written constitution. It contrasts this with the American system, where the courts play a crucial role in upholding the rule of law and protecting individual rights through judicial review. The essay further examines the rule of law in Singapore and Malaysia, discussing the constitutional frameworks, separation of powers, and the application of legal principles. The analysis reveals that while the fundamental principles of the rule of law are universally recognized, their application and interpretation differ across countries due to varying legal traditions, political systems, and constitutional frameworks. The essay concludes by summarizing the differing applicability of rule of law in various 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.

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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.

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required to maintain non-discrimination, pluralism, solidarity, and justice, equality among
men and women and tolerance.
However, in United States, the rule of law provides that certain inherent and
fundamental rights like, right to life, liberty, ownership of property and the pursuit of
happiness is secured to the citizens through the constitution. The fundamental of rule of law
in United States is that all person, entities, and institutions are accountable to law which is
enforced equally, publicly promulgated, independently adjudicated and are in consistent with
the international principles of human rights6. Unlike the English rule of law, the American
Courts play an essential role to maintain the rule of law. Equality before law is protected
under every scenario in the American to all citizens. It is such a vital part of the American
system of Government that, when the rights of the minority is infringed the Court shall give
immense protection to the minority if possible. America is a democracy that does not always
depend upon the simple majority rule. For example, to protect the freedom of speech, religion
and equality before law, the Bill of Rights were passed, and no majority rule is able to change
the Bill. In the United States the separation of power is followed to strike a balance in
between the authority and liberty. Pursuant to the Article VI of the US Constitution and the
ordinary laws, the laws of US and the international treaties ratified by it has become the
supreme law of the land. Any legislation made in violation of the fundamental laws of the
Constitution will be held invalid. In the eminent case of Marbury v Madison, 5 U.S (1
Cranch) 137 , 137 (1803), the Supreme Court of the United States, while defining the
principle of the separation of powers, decided that it has the power to ensure that the ordinary
legislation are in consistent with the Constitution7. The Supreme Court observed that the
Article III of the Constitution of United States provides that the Court is empowered to
exercise judicial power, hence the court is empowered to interpret the constitution and the
6 Uscourts.gov. 2018, http://www.uscourts.gov/educational-resources/educational-activities/overview-rule-law.
Accessed 22 Nov 2018.
7 Marbury v Madison, 5 U.S (1 Cranch) 137 , 137 (1803)

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Supreme Court has the power to review any conflict between the Constitution and a statute
enacted by the United States Congress.
The doctrine of rule of law, in Singapore, includes the judicial independence,
availability of judicial review, principles of natural justice and accessibility of justice.
Singapore is a country that is multi-racial and multi religious. The Singapore Constitution
considers that rule of law within the country means that everyone within the Country,
including the Government, is subjected to the law8. The Supreme law of the land is the
constitution of Singapore as provided by the Article 4 of the Constitution. Separation of
power is recognised in Singapore which empowers the three organs of the State to exercise its
duty to ensure justice within the Country9. Referring to the case of Mohammad Faizal bin
Sabtu v Public Prosecutor [2012] SGHC 163, it can be observed that the sovereignty of
power is shared in Singapore between the Legislature, Judiciary and Executives10. These
organs are responsible for creating a system of checks and balances within them. The
Singapore Constitution, under Part IV, sets out the fundamental liberties of the persons.
Protection of the right to life and personal liberty is ensured under Article 9 of the Singapore
Constitution.
The Malaysian Constitution has also found its base on the doctrine of rule of law. In
the written constitution of Malaysia, one of the fundamental principles is the rule of law11.
Though the country is basically founded on the rules of the political leaders who consider that
Malaysia is a government of law and not of men, principles of rule of law is still recognised.
8 Cremean, Damien J. Admiralty Jurisdiction: Law and Practice in Australia, New Zealand, Singapore
and Hong Kong. Federation Press, 2008.
9 Sal.org.sg. 2018, https://www.sal.org.sg/Portals/0/PDF%20Files/Speeches/Singapore%20Academy
%20of%20Law%20-%20The%20Rule%20of%20Law%20as%20a%20Many%20Coloured%20Dreamcoat
%20(Final).pdf?. Accessed 22 Nov 2018.
10 Mohammad Faizal bin Sabtu v Public Prosecutor [2012] SGHC 163
11 Malaysianbar.org.my. 2018,
http://www.malaysianbar.org.my/members_opinions_and_comments/how_do_the_rule_of_law_and_separation
_of_powers_really_work_.html. Accessed 22 Nov 2018.

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In Malaysia it is settled that a person should only be punished for a conduct which is in the
violation of law. Applying the Article 7 (1) of the Federal Constitution, the Court in the case
of Public Prosecutor v Mohamed Ismail decided that the punishment should not be enhanced
because of an amendment in law in an instant case12. All decision of law is required to be in
compliance with the equality before law. Applying the Article 5(3) of the Constitution, the
Singapore Court held in the case of Lee Gee Lam v Timbalan Menteri Hal Ehwal Dalam
Negeri, Malaysia & Anor that the detainees have the right to know the reason for his arrest13.
There are various similar incidents where the Malaysian Court has recognised the supremacy
of law.
From the above discussion, it can be observed that, rule of law has its application
different in various countries. While in the Europe and American country, rule of law is
considered as the integral part of the system, the concept differs in Asia. In Singapore or
Malaysia, the rule of law is subjected to political debate. However, it can be argued that the
basic principles of rule of law is applied and accepted in every countries.
12Public Prosecutor v Mohamed Ismail JUDICIAL REVIEW NO.: 43-20-03/2018
13 Lee Gee Lam v Timbalan Menteri Hal Ehwal Dalam Negeri, Malaysia & Anor [1993] 3 MLJ 265

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References
Cremean, Damien J. Admiralty Jurisdiction: Law and Practice in Australia, New Zealand,
Singapore and Hong Kong. Federation Press, 2008.
Europa.eu. 2018, https://ec.europa.eu/info/policies/justice-and-fundamental-rights/effective-
justice/rule-law_en. Accessed 22 Nov 2018.
Inbrief.co.uk. Inbrief.Co.Uk, 2018, https://www.inbrief.co.uk/legal-system/the-rule-of-law/.
Accessed 22 Nov 2018.
Lee Gee Lam v Timbalan Menteri Hal Ehwal Dalam Negeri, Malaysia & Anor [1993] 3 MLJ
265
Malaysianbar.org.my. 2018,
http://www.malaysianbar.org.my/members_opinions_and_comments/how_do_the_rule_of_la
w_and_separation_of_powers_really_work_.html. Accessed 22 Nov 2018.
Marbury v Madison, 5 U.S (1 Cranch) 137 , 137 (1803)
Mohammad Faizal bin Sabtu v Public Prosecutor [2012] SGHC 163
Parti ecologiste Les Verts (1986) Case 294/83, [1986] ECR 1339
Public Prosecutor v Mohamed Ismail JUDICIAL REVIEW NO.: 43-20-03/2018
R.J. Reynolds Tobacco Holdings, Inc. v. Commission of the European Communities, a2006
E.C.R J-7795, 7837
Sal.org.sg. 2018, https://www.sal.org.sg/Portals/0/PDF%20Files/Speeches/Singapore
%20Academy%20of%20Law%20-%20The%20Rule%20of%20Law%20as%20a%20Many
%20Coloured%20Dreamcoat%20(Final).pdf?. Accessed 22 Nov 2018.

7ADMINISTRATIVE LAW
Uscourts.gov. 2018, http://www.uscourts.gov/educational-resources/educational-activities/
overview-rule-law. Accessed 22 Nov 2018.