Ten Foundational Legal Principles
Exam Snapshot
These principles are the bedrock of constitutional and administrative law, frequently appearing in MCQ entrance assessments.
Core Concept
- Rule of Law: Popularized by A.V. Dicey, law is supreme, all are subject to the same law, and rights are protected by courts.
- Separation of Powers: Proposed by Montesquieu, division of government functions (Legislature, Executive, Judiciary) to prevent power concentration.
- Natural Justice: Includes Nemo judex in causa sua (no one judge in own cause) and Audi alteram partem (hear the other side).
- Equality Before Law: All citizens equal; no discrimination on religion, race, caste, or sex.
- Presumption of Innocence: Burden of proof on prosecution; accused innocent until proven guilty.
- Stare Decisis: Doctrine of judicial precedent; lower courts bound by superior court decisions.
- Res Judicata: Prevents re-litigation of cases already decided by a competent court.
- Doctrine of Necessity: Illegal acts excused if done to prevent significantly greater harm.
- Nullum crimen sine lege: No punishment for an act not defined as an offense at the time.
- Doctrine of Proportionality: Ensures administrative action is not excessive relative to the objective.
Nepal Law Anchors
- Rule of Law/Equality: Preamble of the Constitution of Nepal and Article 18.
- Stare Decisis: Constitution of Nepal Article 128(4).
- Presumption of Innocence: Constitution Article 20(5) and Evidence Act 2031 Section 25.
- Res Judicata/Legality: Muluki Civil Procedure Code 2074 Section 11 and Muluki Criminal Code 2074 Section 5.
Confusable Terms
| Term | Main Characteristic | Difference |
|---|---|---|
| Res Judicata | Prevents re-litigation | Civil litigation focus. |
| Double Jeopardy | Prevents double punishment | Criminal law focus. |
| Stare Decisis | Bound by precedent | Superior court decision binding. |
MCQ Traps
- Rule of Law vs. Rule by Law: Rule of Law is supremacy of law, not just governing through rules.
- Natural Justice: Applies to administrative bodies, not just courts.
- Res Judicata: Requires the same parties and same issues.
Example
Nemo Judex: A university vice-chancellor cannot adjudicate a disciplinary case involving their own relative.
Memory Hook
A-N-R-S:
- Audi = All sides heard.
- Nemo = No judge in own case.
- Res = Resolved finally.
- Stare = Stand by decisions.
Quick Revision
- Rule of Law: Dicey; Supremacy.
- Separation of Powers: Montesquieu; Checks/Balances.
- Natural Justice: Fairness.
- Stare Decisis: Precedent.
- Res Judicata: No re-litigation.
- Nullum Crimen: No crime without law.