Rule of Law without Secularized Culture is a Myth: A Critical Analysis

Abstract

Rule of law is the most uttered and cherished philosophy in present world as it is related to political democracy.^[1] Each democratic or non-democratic regime reiterates her commitment for upholding rule of law in the process of governance. People of the developed and developing countries maintain a simple and honest belief that rule of law is truly practiced in the developed countries- USA, UK, France, etc. But reality is not so. Dicey innovated rule of law principle in 1885, when its total application was absent even in UK. Thereafter 1959 Delhi Declaration incorporated three more principles for making Dicey’s rule of law workable. Immediately after Delhi Declaration KC Davis clarified law for making it compatible with rule of law. Rule of law is not workable in a polluted society. Even in a democratic society rule of law is not fruitful if rationality, honesty and sincerity is not found in the action of the government and governed. If ethical values and personality integration are absent in the society rule of law can not achieve its goal. This rationality, honesty, ethical values are nothing but the outcome of secularized culture. Only secularized culture ensures rule of law in the society. State is considered as having secularized character. Secularism denotes to combination of rationality, moral and ethical values, and at last the dictate of right reason of a rational human being. State is emerged to protect and preserve the right to life, liberty and property of the people. But government, the trustee of the state, if not imbibed with this character, rule of law will not be visible in the society. Secularized character of government only expedites the journey of rule of law smooth, free and fruitful and, thereby making democracy and development meaningful. USA, UK and Western European countries are spokespersons of rule of law. Bangladesh and China also propagate rule of law and die for ensuring rule of law. In reality none of these states practice it. The reason lies in the non practice of secularized culture. This paper is intended to find out whether rule of law works without practice of secularized culture or not.

Keywords: Rule of Law, Secularized Culture

DOI: 10.7176/JLPG/109-10

Publication date:May 31^st 2021

[1] Shils Edward, Political Development in  the New States, Mouton & Co., The Hague-Paris, 1966 pp.51-62