DOCTRINE OF RULE OF LAW - ANALYZING THE THEORY OF JOSEPH RAZ
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Abstract
“Rule of Law” is regarded as the basic structure of the Constitution of India. The paper reviews that to what extend the principles of “Rule of Law” as stated by Joseph Raz are applied in India. Many principles are laid down by Joseph Raz that signifies whether a country follows the rule of law or not. In the first section of the text, the author describes what is the meaning of the “doctrine of rule of law”. According to A.V. Dicey three principles are very important for the rule of law to be applicable i.e. the supremacy of law, equality before law, and the predominance of legal spirit. The text also examines how the theory of Rule of Law as stated by Joseph Raz is applied in India and to what extent. The author applies various case laws and articles of the Constitution of India to prove his point as to the applicability of the Doctrine of Rule of India in India as laid down by various courts of the country.
The paper seeks to answer the question: Whether the principles of rule of law as stated by Joseph Raz are applicable in India and to what extend do they apply in India?
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