What is the Supremacy of Law and Why Does it Matter?

The Role of the Supremacy of Law in Ensuring Fairness and Justice

Overview

The concept of the supremacy of law, also known as the rule of law, is a fundamental principle of modern democratic societies. This principle holds that the law is the supreme authority and that all individuals, including government officials and private citizens, are subject to and must abide by the law.

Concept of Rule of Law in Jurisprudence

In jurisprudence, the supremacy of law is the belief that no person or government is above the law, and that the law must be applied equally to everyone. This means that no one is exempt from following the law and that the government must act within the bounds of the law and not above it.

"The rule of law is an essential component of any civilized society. It serves as the foundation for our justice system, and it ensures that no one is above the law." - Barack Obama

Supremacy of law Meaning:

The rule of law has to be interpreted in an imaginary manner casting privilege on all sections of society. The rule of law relates to the supremacy of law and that has been guaranteed.

While elaborating the same has been extracted from Holy Quran: Surah 4, Vs. 135, Surah 55, Vs. 7 to 9 and Surah 5, Vs. 9. Furthermore, rule of law has been a universal obligation of every civilized country. It means the supremacy of law as opposed to the arbitrary authority of the Government.

This supremacy guarantees three concepts

The rule of law is the very bedrock on which the foundation of the entire Islamic justice is based. As Article 2-A of the Constitution has been inserted in the Constitution; therefore, any deviation from the basic concepts of Islamic Justice will be considered outside the purview of the judicial system and further would be in violation of the oath administered by the Judge of the Superior Courts.

The supremacy of law refers to the idea that the law is the highest authority in a society. It means that all individuals and institutions, including the government and its officials, must comply with the law and are subject to its authority. The supremacy of law is a fundamental principle in many legal systems around the world, as it helps to ensure that individuals are treated fairly and that their rights are protected. It also helps to promote stability and predictability in society by establishing clear rules and procedures for resolving disputes and addressing wrongdoing.

Definitions of Supremacy of law:

Opinions of Eminent scholars about the Supremacy of law

John Locke: In his Second Treatise of Government, Locke argued that the rule of law is necessary to protect individuals from the arbitrary power of rulers. He believed that the law should be supreme over the actions of the government and that rulers should be subject to the same laws as their citizens.

Montesquieu: In his work The Spirit of the Laws, Montesquieu argued that the separation of powers is necessary to protect the rule of law. He believed that each branch of government (legislative, executive, and judicial) should be independent and have its own sphere of influence so that no one branch could become too powerful.

John Rawls: In his book A Theory of Justice, Rawls argued that a just society is one in which the laws are fair and applied equally to all members of society. He believed that the rule of law is necessary to ensure that individuals are treated equally and that their rights are protected.

Ronald Dworkin: In his book A Matter of Principle, Dworkin argued that the rule of law is based on the idea that individuals have certain fundamental rights that the government must respect. He believed that the law should be used to protect and promote these rights and that it should be applied consistently and fairly to all members of society.

History of the Supremacy of Law

The concept of the supremacy of law has a long history dating back to ancient civilizations. In ancient Rome, the rule of law was a central principle of the Roman Republic, with the law being codified and applied equally to all citizens.

In the Middle Ages, the concept of the rule of law became more closely tied to the authority of the monarchy and the power of the Church. The idea of the supremacy of law began to take on a more modern form during the Enlightenment, with the works of philosophers such as John Locke and Montesquieu.

The principle of the rule of law was further developed during the American and French Revolutions, with the adoption of constitutions and declarations of rights. The United States Constitution, for example, establishes the rule of law by separating the powers of government and limiting the authority of the government to act outside of the law.

Importance of the Supremacy of Law

The supremacy of law is important for a number of reasons. First and foremost, it ensures that individuals and the government are held accountable for their actions. No one is above the law, and everyone is expected to follow it.

One of the main benefits of the supremacy of law is that it limits the power of the government and other institutions. By subjecting these entities to the rule of law, the supremacy of law helps to prevent abuses of power and ensures that individuals are not subject to arbitrary or capricious treatment.

The supremacy of law is also important for promoting fairness and justice. By establishing a set of rules that applies to everyone equally, the supremacy of law helps to ensure that individuals are treated equally and that their rights are not infringed upon. It also helps to create an environment in which individuals can trust that the legal system will protect their rights and provide them with a fair and impartial hearing when disputes arise.

In addition, the supremacy of law is essential for maintaining social order and stability. When the law is respected and followed, individuals are more likely to feel safe and secure in their communities. This, in turn, promotes a sense of trust and cooperation within society.

Overall, the supremacy of law is an essential component of a just and orderly society, and it is a cornerstone of many legal systems around the world.

Challenges to the Supremacy of Law

Despite its importance, the supremacy of law is not always upheld in practice. There have been numerous instances throughout history where the rule of law has been ignored or abused by those in power.

(a) One example of a challenge to the rule of law is the occurrence of corruption within the government or legal system. When individuals or institutions use their power and influence to bend the law to their advantage, the principle of the rule of law is compromised.

(b) Another challenge to the supremacy of law is the use of emergency powers by the government. In times of crisis or war, governments may be granted the authority to act outside of the law in order to protect the public. However, this can also lead to abuses of power and the erosion of civil liberties.

"The rule of law is the foundation of freedom. It gives the individual the power to know and predict the law, and it gives the state the power to know and predict its own limits." - Ruth Bader Ginsburg

Case Laws Illustrating the Supremacy of Law

There have been numerous cases throughout history that demonstrate the importance of the supremacy of law. 

Marbury v. Madison (1803)

In Marbury v. Madison, the Supreme Court of the United States established its authority to declare federal laws unconstitutional. This landmark case arose from a dispute over the appointment of William Marbury as a justice of the peace in the District of Columbia.

Marbury argued that the Supreme Court had the authority to issue a writ of mandamus, a court order requiring an official to perform a duty, to force Secretary of State James Madison to issue his commission as a justice of the peace. However, the Court ruled that the portion of the Judiciary Act of 1789 that granted the Court the authority to issue such writs was unconstitutional, as it exceeded the powers granted to the Court by the Constitution.

This decision established the principle of judicial review, which holds that the courts have the power to interpret and apply the law and to ensure that the government acts within the bounds of the Constitution. The principle of judicial review is a key aspect of the supremacy of law, as it allows the courts to act as a check on the powers of the other branches of government and to ensure that the law is followed.

Brown v. Board of Education (1954)

This landmark case involved the segregation of public schools in the United States and resulted in the Supreme Court declaring segregation in public schools to be unconstitutional.

Roe v. Wade (1973)

This case involved a challenge to a Texas law that made abortion illegal, except to save the life of the mother. The Supreme Court ruled that the law violated a woman's right to privacy and was therefore unconstitutional.

Miranda v. Arizona (1966)

This case involved the arrest and interrogation of Ernesto Miranda, who was charged with kidnapping and rape. The Supreme Court ruled that Miranda's constitutional rights had been violated, as he had not been informed of his right to remain silent or to have an attorney present during questioning.

Cooper v. Aaron (United States, 1958):

This case upheld the principle of judicial supremacy, which means that the decisions of the Supreme Court are binding on all other courts and government officials in the United States. This case reaffirmed the principle established in Marbury v. Madison that the Constitution is the supreme law of the land.

Entick v. Carrington (United Kingdom, 1765):

This case established the principle that the law is supreme over the actions of the government and its officials in the United Kingdom. It held that the government cannot act outside of the law or use its powers to violate an individual's rights.

R v. Oakes (Canada, 1986):

This case established the principle that the Charter of Rights and Freedoms, which is part of the Canadian Constitution, is the supreme law of Canada. It held that any law that is inconsistent with the Charter is of no force or effect.

Kelsen v. Federal Republic of Austria (European Court of Human Rights, 1955):

This case established the principle that the European Convention on Human Rights is the supreme law of the member states of the Council of Europe. It held that national laws must be consistent with the Convention and that individuals have the right to seek the protection of their rights under the Convention in national courts.

2022  PLC(CS)  859 SUPREME-COURT of Pakistan

Principles of natural justice were firmly established and deeply rooted in the judicial conscience and were entrenched and embedded in every decision-making function either judicial, quasi-judicial, or administrative, and as a fundamental rule of law, no decision must be taken affecting the right of any person without first being informed of the case and afforded an ample opportunity of defense.

Conclusion

The principle of the supremacy of law, also known as the rule of law, is a fundamental principle of modern democratic societies. It holds that the law is the supreme authority and that all individuals, including government officials and private citizens, are subject to and must abide by the law. The rule of law is essential for maintaining order and fairness in society, and it ensures that individuals and the government are held accountable for their actions. However, the supremacy of law is not always upheld in practice, and there have been numerous instances throughout history where the rule of law has been ignored or abused.

Despite these challenges, the principle of the rule of law remains an important ideal that is widely respected and upheld. It serves as a foundation for freedom and justice, and it ensures that everyone is treated equally under the law. The supremacy of law is essential for maintaining social order and stability, and it is a cornerstone of modern democratic societies.