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Meaning of Rule of Law

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.