2nd Term
MEANING AND
PRINCIPLES OF RULE OF LAW
The rule of law is the principle that law should govern a nation, as opposed to being
governed by decisions of individual government officials. It primarily refers
to the influence and authority of law within society, particularly as a constraint
upon behaviour, including the behaviour of government officials. This implies
that nobody is above the law. This principle was popularized by A.V. Dicey.
Limitations
of rule of law: (1)immunity of heads of states (2)diplomatic immunity (3)delegated legislation enable the
executive to rule by their own laws instead of allowing the rule of law (4) The system of government in
practice: in autocracy and dictatorship, rule of law does not obtain because
the dictator is above the law. He enforces his will on the people. (5) War: in a state of war, the rule of
law does not hold.
Needs/importance of rule of law in a state: (1)it
makes for a responsible government (2)it
brings about peace and orderliness in the society (3) It prevents exploitation: government officials cannot promote
their selfish interest over the common good of the people. (4) It brings about political stability: things do not change with
the change of government officials since the law remains the same
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