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Rule of Law in IndiaA Quest for Reason$
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Harish Narasappa

Print publication date: 2018

Print ISBN-13: 9780199484669

Published to Oxford Scholarship Online: January 2019

DOI: 10.1093/oso/9780199484669.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 July 2020

Meaning of Rule of Law

Meaning of Rule of Law

A Critical Analysis

Chapter:
(p.1) 1 Meaning of Rule of Law
Source:
Rule of Law in India
Author(s):

Harish Narasappa

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199484669.003.0001

This chapter analyses the theoretical and practical meaning of the term ‘Rule of Law’. Shklar’s categorization of the rule of law theories into the Aristotelian and Montesquieu archetypes on the basis of political objectives and the organization of the state and the distinction between the thin and thick theories is discussed to explain the various components that comprise the rule of law. The relationship between such components and various political, social, and economic choices is examined to lay the ground for understanding the choices made in the Constitution and their impact on the rule of law. To explain and analyse the practical approaches to the rule of law, the primary focus is on understanding its various components as identified by various groups. As the WJP’s approach is the most comprehensive approach currently available, the factors identified by them are explained in considerable detail.

Keywords:   critical analysis of crowded theoretical space, Shklar and Tamanaha’s classifications, distinction between the theoretical and practical approaches, World Justice Project, Aristotelian archetype, Montesquieu archetype

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