Rule of law

BASIC CONCEPTS OF GOVERNMENT RULE OF LAW Rule of law is the supremacy or predominance of law over everybody in the political system. It is a fundamental principle of democratic government. This principle was advocated by Professor A.V. Dicey in 1885. BASIC PRINCIPLES OF RULE OF LAW

  1. The principle of equality before the law/impartiality: It means that everybody is equal before the law. It involves due process of laws in dealing with offenders irrespective of status.

   2 The principle of individual rights: Legal rights are guaranteed for individuals. Such rights are conferred by the constitution and not the government. E.g. freedom of speech, personal liberty, freedom of association etc.

  1. Supremacy/predominance of law: The law is supreme and above everybody in the political system. That is, nobody is above the law irrespective of status.

4.Law should be made public: Law should be made public i.e. be made known to everybody and not kept secret.

5Retrospective law: Law must not have retrospective or retroactive effect or be back-dated.

6.Right to appeal: Any citizen that is not satisfied with the verdict of the ordinary court has the right to appeal.

7.Fair hearing: Anybody arrested is a suspect and should be given a fair hearing in the court.

8.Access to legal facilities: Accused persons should be access to their lawyers and other vital facilities that will help him.

FACTORS NECESSARY FOR THE OPERATION OF RULE OF LAW

  1. Independence of judiciary: The judiciary should be independent and free from the    control of the other organs and institutions of government.
  2. Freedom of the press: The press (mass) should be free from the control of the    government to disseminate responsible information to members of the public.
  3. Mass literacy: There must be a high level of literate citizens in the society based on the awareness of law, rights and responsibilities.
  4. Law must not be kept secret: Law must not be kept secret from the people, but must be made known to them.
  5. Public trials: Trial must be made public and not done in secret. Legal representation and other facilities should be made available to the parties concerned.
  6. Provision for appeal: There must be provision for appeal should the party involved is not satisfied with the verdict of the lower court.

      IMPORTANCE OF RULE OF LAW

  1. Fundamental human rights: It protects the fundamental human rights of individuals.
  2. Limited government: It limits the powers of government and prevents tyranny and    despotism.
  3. Supremacy of law: It enhances supremacy of law in which everybody in the state has to act according to the law.
  4. Equality of all men: It fosters equality of all men before the law irrespective of    position, wealth etc.
  5. Freedom of the press: It enhances the freedom of the press and makes it more    functional.
  6. Prevents unlawful detention: It empowers individuals to sue the government or law enforcement agency for unlawful arrest.
  7. Freedom of the judiciary: It ensures the freedom of the judiciary from encroachment by the other organs.

LIMITATIONS TO THE PRINCIPLE OF RULE OF LAW

  1. Types of government: Authoritarian government negates the rule of law and grows    into dictatorship.
  2. Parliamentary immunity: This means the legislature cannot be sued for anything said on the legislative building.
  3. State of emergency: Emergency situation could limit individuals’ rights and the    operation of rule of law.
  4. Diplomatic immunity: Representative of foreign government in another country is not bound by the law of that country, instead they can be deported when they commit any crime.
  5. Special tribunals: Tribunals are set up for special purposes which are often    unconstitutional courts. Fair hearing may be denied; appeals are not allowed.
  6. Delegated legislation: This encourages fusion of powers and can lead to violation ofindividuals’ rights.
  7. Poverty: Poverty discourages a lot of people from seeking redress of their rights in the court.
  8. Ignorance/illiteracy: The precondition for the enjoyment of one’s rights is knowledge. Where this is low, many will be ignorant of their rights.
  9. Lack of independence of judiciary: If judges are not independent, they might be influenced to favour one party.