What is the difference between ‘Rule by Law’ and ‘Rule of Law’?

In the earlier posts (Idea of Law and Definition of Law), we talked about the idea of law and the various definitions and connotations attached to law. In the present post, we shall discuss the difference between ‘rule by law’ and ‘rule of law’. ‘Rule by law’ simply means rule by any law which is laid down by the supreme law making authority of that country. One is not concerned about what the law is or what its purpose is. In most of the dictatorships and monarchies, there is a set of laws through which the justice is administered. But, in such countries, rule of law does not exist.

On the other hand, ‘rule of law’ connotes rule of law which is based on certain principles of law. This word is also drawn from a French word ‘spirit delegalize’. What the principles of law will be is a point of considerable debate. The concept of rule of law was developed by Dicey after he observed the development of law in France. At that particular point of time, France had two system of laws and two system of courts governing the same territory and the same group of people. One system was known as the Civil Law System. It was the law which was passed by the Parliament. It governed the relationship between the people inter se.

The second system was ‘droit administratif’ which was a system especially designed by the government to decide the disputes between the government, government servants and the people. The law which was applied there was not that which was passed by French Parliament. It was developed by the highest administrative court on a case to case basis. If there was some kind of conflict between a common man and the government, the matter went to the administrative court. It was a part of the administration. The judges were government servants and they administered the law which was laid down by the highest administrative court. From this, Dicey was trying to understand how justice is possible. Therefore he said that it is a rule according to law. It is not a ‘rule of law’ and hence justice is not being done to the people. He came to the conclusion that in England, there is no administrative law and in England, the fundamental principles of the British Constitution are two:

1. The Supremacy of the British Parliament

2. Rule of Law

The basic concept of rule of law is to control the unlimited exercise of the power by the supreme law making authority of the country. Rule of law also means certain principles. If in any society, the law by which the people are ruled is based on both the particular principles, then only one would say that that particular society is a rule of law society. Otherwise, every other society is a ‘rule by law’ society.

In the next post, we shall talk about the principles on which a ‘Rule of Law’ Society is to be based.

(This short essay was prepared while taking notes in the Class of Professor I.P. Massey)