RULE OF LAW

SS3 CIVIC EDUCATION
2nd Term

RULE OF LAW

Meaning: The rule of law is the principle which holds 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.

History: The phrase can be traced back to 16th century Britain, and in the following century the Scottish theologian Samuel Rutherford used the phrase in his argument against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and private restrictions upon liberty. The "rule of law" was further popularized in the 19th century by British jurist A. V. Dicey. However the principle, if not the phrase, was recognized by ancient sages and philosophers, such as Aristotle, who wrote "It is more proper that law should govern than any one of the citizens"

Features and principles of rule of law: (1) Equality before the law (2) Impartiality (3) Individual rights (4) Supremacy of the constitution (5) Access to legal facilities (6) Fair hearing (7) The law should be made public (8) Separation of power (9) Check and Balance (10) Independent judiciary

Importance of rule of law: (1) It prevents dictatorship and tyranny (2) It protects the interest of the people (3) It ensures the enjoyment of the fundamental human rights (4) It gives everyone equal opportunity to realize his/her ambition (5) It brings about social order (6) It brings about sustainable progress

Problems of rule of law: (1) It suppresses innovation (2) The law can be subjected to malicious interpretations for selfish gains (3) Equality may be unrealistic because the society is made up of non-equals (4) The supremacy of the constitution makes it difficult to amend it to suit current realities

Limitations of rule of law: (1) Immunity of the head of state (2) Diplomatic immunity (3) Adjournment of cases causes delayed justice (4) Delegated legislation turns rule of law into rule by law (5) The system of government practiced can limit the rule of law e.g. cabinet system promotes the supremacy of the parliament

Solution of problem of rule of law: (1) The leader with innovative ideas can propose it as a bill to the parliament (2) Interpretation of the law should not be subject to the discretion of the judge (3) The constitution should include procedure for amendment