RULE OF LAW

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Welcome to class! 

In today’s class, we will be talking about the rule of law. Enjoy the class!

Rule of Law

Laws are official rules and regulations that guide human conduct, activities and behaviours in any group, society or nation. Laws are the means by which decisions or actions are formulated as rules and regulations and implemented as policy. Laws can also be defined as a body of official rules and regulations generally found in the constitutions, legislation, and judicial opinion and so on that is used to govern a society and control the conducts of its members.

Rule of law is a concept that emphasizes the supremacy of the law, legal equality, impartiality and individual liberty. Rule of law is a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.

Principles of rule of law

According to Prof. A. V. Dicey, rule of law contains three principles or it has three meanings as stated below:

• The supremacy of the law: This means that every citizen must act according to the law and that nobody should be punished, except for breaking the established laws of the land. This principle simply emphasizes the lack of arbitrariness. The power of the government is limited.
• Equality before the law: According to this principle, every citizen irrespective of his rank and position is subject to the ordinary laws of the land. No special treatment for different people.
• Individual Rights/Fundamental Human Rights: This means that the fundamental human rights are natural and inalienable rights of individual citizens that are not derived from the constitution are suspended. Also, citizens are entitled to fundamental human rights.

Hindrances/limitation of the rule of law

1. Diplomatic immunity
2. Immunity of Heads of state
3. Parliamentary immunity
4. Delegation legislation
5. Administrative tribunal
6. Inadequate independence of the Judiciary
7. Immunity of Judges
8. Illiteracy/Ignorance
9. State of Emergency
10. Customs and Traditions
11. Type of government in power

Need/importance/benefits of the rule of law

1. It makes everyone equal in a political system.
2. It brings about obedience to the law of the land.
3. It guarantees the supremacy of law over citizens.
4. It guarantees peace and order in society.
5. It enhances the protection of citizens’ rights.
6. It ensures freedom of press and association.
7. It prevents tyrannical rule.
8. It guards against illegal or unlawful detention.
9. It guarantees the inalienable rights of the citizens.
10. It promotes separation of powers.
11. It guarantees good governance.
12. Promotes the freedom of the judiciary
13. Enhances the freedom of the individual
14. Promotes qualitative life
15. Preserves the constitution
16. Prevents arbitrariness and dictatorship
17. Fundamental Human Rights is Guaranteed
18. Equality of all citizens
19. The supremacy of the law

The state and the rule of law

The principle of rule of law emphasizes or places law over and above all persons in the society, no matter their positions i.e. nobody is above the law. This is to ensure that those who rule do so according to lay down rules and regulations. Therefore in accordance with the rule of law, state:

1. Has the responsibility of protecting the rights of an individual.
2. Must apply the rule of law in the adjudication of cases among people in the state.
3. Ensure separation of powers among organs of government.
4. Ensure that government officials and citizens understand that the constitution is the fundamental law of the land.

 

In our next class, we will be talking about Liberty.  We hope you enjoyed the class.

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