Role of Public Figure in Determining Rule of Law
The authors of the blog are Ankit Tiwari, Symbiosis Law School, Pune LL.M and Preethi Kavilikatta Symbiosis Law School, Pune Assistant Professor
Contextualization
Social contract theory can be assumed as a rightful tool
for society and its stakeholders if justice, equality, freedom, and liberty can
be attained in society. Through the constitution legal way of delivering this
end rule of law, justice theories, media sector, natural justice, distribution
of rights, and another such tool can play an important role. This article
particularly discusses the rule of law within the framework of another such
system through which welfare state can be attained. Understanding towards rule
of law, rule of law in perspective of
feminism, public figure in respect of rule of law, realistic school of thought
in respect of these two variables, and concluding statements will be
chronological structure while studying this article. As a contributory author for this theme, I want to show my
gratitude for all the happening, teachers, peers, and peoples who made are
capable enough to present my views through these studies.
Historical development
of Rule of Law
The concept of rule of law is started from the time of
Aristotle in the Fourth Century where he discussed the notion of participatory
governance and spirit of the law as an essential concept of a progressive
society in his famous book, "Politics". Landmark happening around the
world as the development of Magna Charta, Delusion of Divine Theory, Notions of
French Revolution, Bill of Right, Judicial Precedents like Entick v. Carrington[i],
Evolution of Justice theory by John Rawls[ii]
and Amartya Sen[iii]
lead to the structuring Rule of Law in very Rational Societal Way. That is the
reason today's rule of law read in a holistic manner which includes Equality of
law, Spirit of Law, Written Law, Separation of Law, Judicial Review, Discectomy
use of Power, Voting Rights and much of the principles which come under the
common purview of Democratic Value. This makes today's legal and political
thinkers consider the rule of law as a standard tool for determining the sense
of good governance in the nation. World Justice Project[iv]
has also developed the Rule of Law Report which reflects the position of
Governance, Transparency, Human Rights, and Democracy in states.
Contemporary Era
In the present era, the rule of law has a great influence on the legislator;
policy framers and jurist in determine the flow and role of legal morality in
society. While reading equity principle which states 'equal should be treated
as equal and unequal as unequal' and be the subject matter of beneficiary of
discriminatory laws to achieve equality in society at the social, political, and
economic level. Such an approach can't be considered as a violation of the rule
of law but as an exception for the rule of law. One of the stakeholders of such
discriminatory law is Women who are entitled to get the benefit of sexism are
an integral part of society. The approach of feminism is being studied and
taken into account by Marx, Fuller, Locke, and many other political and realism
philosophers. Where political philosophers talk about Gender Equality, Women
Empowerment, Rights to Women, Female Health and Education and Realism Philosopher
propounded theories like Ying and Yang, Anima and Animus, Prakriti and Purusha,
Ardhanarishvara which tells feminism and masculine nature as an imprint of
Human Behavior and Natural Science.
Through both of their studies strengthen to female rights can be way forwarded. The lawmakers and law interpretations have taken into special consideration a female-centered approach. UN has a separate department for regulating women's affairs named as UN WOMEN. These legal and public approaches have contributed more to creating and developing Equality in Society and rousting the rule of law. It is fair, reasonable and just to promote these approaches through equality in all manner can be achieved which can consequently lead to a better justice distribution system collectively which can bring a stable democratic society forward. But for obvious this approach can be misused in the name of equality, sexism, and rule of law. The penalization provision such as the Malicious Prosecution role of Fair Police Administration System and Unbiased Rational Public Psychologies can also help in curbing such misuse. Another important perspective of checking the position of rule of law in any state can be the role of public figures in determines the context of the essence of a basic democratic state.
Through both of their studies strengthen to female rights can be way forwarded. The lawmakers and law interpretations have taken into special consideration a female-centered approach. UN has a separate department for regulating women's affairs named as UN WOMEN. These legal and public approaches have contributed more to creating and developing Equality in Society and rousting the rule of law. It is fair, reasonable and just to promote these approaches through equality in all manner can be achieved which can consequently lead to a better justice distribution system collectively which can bring a stable democratic society forward. But for obvious this approach can be misused in the name of equality, sexism, and rule of law. The penalization provision such as the Malicious Prosecution role of Fair Police Administration System and Unbiased Rational Public Psychologies can also help in curbing such misuse. Another important perspective of checking the position of rule of law in any state can be the role of public figures in determines the context of the essence of a basic democratic state.
Discourse on Rule of
Law & Public Figure
Public Figure is anyone who is in the position in
determining the public psychologies through his act and great impact through
his role. The power may be of any such section political, social, economic,
expertise, and technological. Through the access of such power(s) they create an
impact in society at large. For them, the rule of law can be seen from two
perspectives, first in which their action which determines the flow and
lifestyle of the public at large in society. The lifestyle or products which
they are advertising the ideology which they sell need to check from all aspect
which includes health, morality, cultural and democratic values. Through this
influence, the context of Human Rights, Democratic Society and Rule of Law can
be deduced. Proper check and balance
systems should be codified for previewing their actions. Another perspective is
keeping public figures within the limits and boundaries of the superiority of
legal spirit. It means that public figures should be the subject matter of
legal and justice provision. The power which they have in society should not consider
as a valid source in determining the legal justice system and policy
distribution system. If these perspectives are taken into concern seriously
then the rule of law can be protected and promoted. The ongoing example of these
variables can be seen in our world very frequently. Two months before the
documentary named ‘Nation of Sons’ by Netflix Production is released which
showcase the legal cases which have been filed by Women against Men for Malice Intends?
Many social incidents also show how females are using their protective law in
harassing men. On the same hand, the women of remote village areas are still unaware
and untouched with legal privileges. These two extreme phenomena show failure
in the execution part of the legal provision which needs to address in taking
forward the rule of law. Another variable that is public figure cases is more
prevalent around the globe epically in India as Salman Khan Case is a recent
and popular one where he is done legal wrong and has yet been given justice through
the judiciary. Cobra Investigation which is an independent investigation house
found in his investigation big celebrity to giving consent for conducting False
Propaganda in society. This investigation reveals the truth of public figures
also aware of the law scholar and pubic how the rule of law has been ignored by
them. It’s not only limited in this case. Even Mukesh Ambani[v]
get endorsement for Jio University as A grade for his which was even not been Contrasted
another example of this can be seen in the case of Minister where the
Administrative Officers are being shifted from one Carder to another for the
performance of their function.
A recent case in UP during General Election where Ex-Army Person applied for Election Ticket got no response from the Election Commission of India for no good reason. This case shows the nexus between the political and economic players who use to violate the spirit of the law with each other’s help. Even its not always like that case as Public Figures like Aamir Khan, Yogendra Yadav, Arvind Kejriwal, and many such people promote the idea of transparent and accountable government which certainly promotes Rule of Law in a better sense. Also, directors, writers, and artists through their work show both the faces of feminism and Public figures through which a better understanding of their roles and influence can be understood in a clear context frame. Among all other stakeholders, Feminism and Public Figure are two of them which are a contributor to Rule of Law and Good Governance but also those who are violating it. Its cant is put in the way through which one can be favored and others can be criticized. It’s the set of people; it’s the set of loopholes and its set of unjust through which Rule of Law is putting down.
A recent case in UP during General Election where Ex-Army Person applied for Election Ticket got no response from the Election Commission of India for no good reason. This case shows the nexus between the political and economic players who use to violate the spirit of the law with each other’s help. Even its not always like that case as Public Figures like Aamir Khan, Yogendra Yadav, Arvind Kejriwal, and many such people promote the idea of transparent and accountable government which certainly promotes Rule of Law in a better sense. Also, directors, writers, and artists through their work show both the faces of feminism and Public figures through which a better understanding of their roles and influence can be understood in a clear context frame. Among all other stakeholders, Feminism and Public Figure are two of them which are a contributor to Rule of Law and Good Governance but also those who are violating it. Its cant is put in the way through which one can be favored and others can be criticized. It’s the set of people; it’s the set of loopholes and its set of unjust through which Rule of Law is putting down.
Conclusion
The way forward for this Rule of Law is to structure' in
such a way where conflict of interest is harmonized, the distribution of rights
should be such a way that it enables us to provide and distribute the upcoming
challenges in the global modern world. The democratic welfare state and
community rights should be the prior context in fulfilling the standards of
Rule of Law. Equality and Liberty with progressive manner for good transparent,
accountable and authentic governance should have opted.
[i] [1765] EWHC J98 (KB), (1765) 19
Howell's State Trials 1029; 95 ER 807
[ii] Rawls, John, 1921-2002. A Theory
of Justice. Cambridge, Mass. : Belknap Press of Harvard University Press, 1971
[iii] Sen, Amartya. 2009. The idea of
justice. Cambridge, Mass: Belknap Press of Harvard University Press
[iv] What is the rule of law? ,
Retrieved on (30-7-2020), Retrieved from
(https://worldjusticeproject.org/about-us/overview/what-rule-law)
[v] Anubhuti Vishnoi, ET Bureau, Jio
Institute brings in power-packed advisory panel, economictimes.indiantimes.com,
Retrieved on (29-11-2019), Retrieved from (https://economictimes.indiatimes.com/industry/services/education/jio-institute-brings-in-power-packed-advisory-panel/articleshow/72152830.cms?from=mdr)
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