Rule Of Law (SS1 Civic Education)

The rule of law is a set of principles that ensures an orderly and just society.

It includes principles such as legality, legal certainty, prohibiting the arbitrary exercise of executive power, effective judicial protection by independent and impartial courts, and effective judicial review.

The rule of law is a principle that ensures all persons, institutions, and entities are accountable to publicly promulgated, equally enforced, and independently adjudicated laws that are consistent with international human rights principles.

Professor A.V. Dicey in his book, Introduction to the Law of the Constitution, wrote that the rule of law implies the supremacy or predominance of the law over everybody, both the rulers and the ruled, and all decisions taken in a state.

The rule of law is a durable system of laws, institutions, norms, and community commitment that delivers four universal principles: accountability, just law, open government, and accessible and impartial justice.

By implication, the government exercises arbitrary powers if its actions are not guided by the laws of the land.

Dicey advocated three principles of the Rule of law, namely:

• The principle of impartiality
• The principle of equality
• The right of the citizen

IMPARTIALITY

According to Dicey, the law should be applied equally and impartially to all individuals, regardless of their status or position in society. This principle guarantees that everyone should have the same rights and be subject to the same legal rules, without discrimination or favouritism.

Dicey’s concept of the rule of law emphasises the importance of impartiality in the legal system, which is crucial for ensuring that individuals are treated equally under the law and that justice is served.

The principle of impartiality advocates the notion of legality and due process in finding a person guilty of an offence. In other words, no one should be convicted or found guilty of an offence punished for an offence, or denied his liberty unless by the established process of the law, as decided by the ordinary court.

Impartiality further implies that an accused is presumed innocent of an offence until found guilty by a court of competent jurisdiction. It advocates that no one should be arrested without being told of his offence. Under the rule of law, impartiality is aimed at protecting human liberty by preventing tyranny and oppression of the citizens by the government.

EQUALITY

Dicey believed that the law should be applied equally to all individuals, regardless of their status or position in society. This principle guarantees that everyone should have the same rights and be subject to the same legal rules, without discrimination or favouritism.

All citizens are subject to the law, and all should enjoy equal rights to a fair hearing and the right to enjoy legal facilities.

In practice, there are certain exceptions to equality before the law which are:

• Foreign Embassy Staff and Ambassadors: These set of persons enjoy diplomatic immunity which protects them from prosecution under the legal system of their host countries. The police in the UK cannot arrest or detain such persons for a crime unless their immunity status is waived.
• Trade Union Leaders: These set of persons are not subject to prosecution for acts committed while fighting for workers’ interests.
• Judges: They enjoy legal immunity while discharging their judicial functions unless they overstep their bounds.
• Police Officers: These set of persons also enjoy legal immunity in the discharge of their duties, unless they overstep their bounds.

RIGHTS OF THE CITIZEN

This principle advocates the fundamental and inalienable rights of individuals in a state. The fundamental rights of citizens should not be violated by the state. Citizens whose rights are infringed may seek remedy in the ordinary law courts.

BENEFITS OF THE RULE OF LAW

1. Equality: The rule of law ensures that all persons, institutions, and entities, public and private, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated.
2. Ensures Freedom: It protects individual rights and liberties, allowing for the exercise of opinions, expression, assembly, and association without undue interference.
3. Good Governance: The rule of law promotes transparency, accountability, and the rule of law itself, which are essential for effective governance.
4. Upholds Democracy: It strengthens the democratic process by ensuring that elected officials serve the people who elected them and restricting the power of bureaucrats.
5. Individual Liberty: The rule of law protects the rights and freedoms of individuals, including the right to a fair trial and due process.
6. Less Bureaucracy: It reduces the power of bureaucrats and ensures that they work in the best interests of the general population.
7. Upholds Fundamental Institutions: The rule of law supports the institutions that uphold the rule of law, such as an independent judiciary.
8. Ensures Justice: It promotes the impartial and fair administration of justice, free from corruption and improper influence.
9. Prevents Arbitrariness: The rule of law helps prevent the abuse of power and ensures that everyone is treated fairly under the law.
10. Preserves Fundamental values and principles: It upholds the principles of equality, freedom, and human rights for all members of society.

LIMITATIONS TO THE RULE OF LAW

The power of making rules and regulations for every law is a great limitation on the rule because this system gives many discretionary powers to the executive, as earlier stated which include diplomatic immunity, official conduct of the police and judicial officers, also certain high-ranking officers in the states like the President and the Governors enjoy immunity from prosecution against acts committed while in office, and the citizens very rarely challenge these rules and regulations in the law courts.

Other factors which may violate the principles of the rule of law are:

1. The use of administrative tribunals by the government to try cases.
2. Declaration of state of emergency in a state or parts of it.

FACTORS THAT ENSURE THE SUCCESSFUL OPERATION OF THE RULE OF LAW

The successful operation of the rule of law depends on several factors. These factors include:

1. Constraints on government power to checkmate their activities, particularly with the citizens.
2. The absence of corruption will be encouraged by the election and appointment of honest leaders.
3. Open government which will allow for accountability in the society.
4. Respect and protection of the fundamental rights of citizens.
5. Maintenance of order and security to ensure the safety of persons and their property in the society.
6. Regulatory enforcement will measure the extent to which regulations are fairly and effectively implemented and enforced.

Other factors necessary for the operation of the rule of law include:

1. An independent and impartial judiciary
2. Freedom of the press
3. Mass literacy to educate the citizens on their rights, and how to seek redress when such rights have been infringed upon.
4.  A cooperating state to encourage an atmosphere of peace.

Conclusion

The rule of law stands as a cornerstone for a just and orderly society, guided by principles such as impartiality, equality, and protection of citizen rights. While it offers numerous benefits, including accountability, freedom, and good governance, it faces limitations such as discretionary powers and exceptions to equality.

The successful operation of the rule of law relies on factors like constraints on government power, the absence of corruption, open government, and the safeguarding of fundamental rights. To uphold these principles, an independent judiciary, freedom of the press, mass literacy, and a cooperative state are vital components, ensuring a harmonious and lawful society.

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