Rule of Law vs Rule by Law


Rule of Law vs Rule by Law

By: Helin Rashid

Rule of law:

Because of the rule of law, everyone is subject to the law, including leaders and citizens.

Everyone is entitled to fair treatment under the law, and no one is above it. Accountability,

equity, and justice are guaranteed by this idea. Since it upholds individual rights and restricts

governmental power, it is strongly related to democracy.


Rule by law:

Rule by law, on the other hand, describes circumstances in which individuals in positions of

Authorities employ the law as a means of repression, control, or legitimacy. The law can be applied unfairly or unequally, favouring the interests of the ruling class over

those of society at large. In this case, the law is a tool of power rather than a check on it.


Real-world examples:

  • Rule of law: Free elections, independent courts, and open legal systems guarantee that citizens are treated fairly and that leaders are answerable in nations like Canada and Norway. 
  • Rule by Law: Laws were drafted and implemented to uphold tyranny, quell opposition, and favour some groups while repressing others under authoritarian governments like North Korea or, historically, apartheid South Africa.


Why it matters:

The divide has significant ramifications for societies: democracy flourishes, human rights are

protected, and justice is administered impartially when there is a rule of law. Human rights

are infringed, democracy is weakened, and laws are used as tools of fear rather than justice

when they are governed by the law. In the end, the rule of law fosters faith in institutions and

shields people from the misuse of authority. Justice cannot be properly rendered without it,

even in the presence of laws.

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