Interpretation on the rule of law

THE RULE OF LAW

CONTENT

1. Basic Interpretation of the Rule of Law
2. The Main Principles and Features of the Rule of Law
3. Other Principles and Features of the Rule of Law
4. Problems of Application of the Rule of Law
5. Factors that Can Ensure the Operation of the Rule of Law

Basic Interpretation of the Rule of Law

Rule of Law is the absolute supremacy or predominance of the law over everybody – both rulers and the ruled and all decisions taken in a country.

According to professor A.V. Dicey (a Briton), a professor of English law who developed and popularize the phrase “Rule of Law” in his book titled “Introduction to the Law of the Constitution” published in 1885, “those entrusted with the administration of a country should rule or exercise their authority in accordance with the established law of the land and such established law should be regarded as supreme”. The phrase has other phrases like “that no citizen can be punished except as prescribed by the law; which means that no one can be punished without trial. That the law must be known to all citizens.

In other words, the rule of law emphasizes the supremacy of the law over individuals and government, it guarantees peoples liberty and equality of all individuals before the laws of the land. The major aim of the rule of law is to ensure that government rule in accordance with the laws of the land.

The Main Principles and Features of the Rule of Law

1. Supremacy of the law: It means that the law of a state is supreme or higher than anybody in the state. A citizen is deemed innocent until proved guilty by the law court. Anybody who is arbitrarily arrested and detained for more than twenty four hours can apply to the law court for a writ of habeas corpus.
2. Equality before the Law: It means that nobody is above the law. The law is no respecter of persons irrespective of the position. In Dicey’s views, all men are equal before the laws of the land. All citizens of a country should enjoy equal access to law facilities, equal right to fair hearing, legal advice in the court of law. This principle assumes the notion of legality, which means due process of law in dealing with offenders.
3. The Rights of the individual: This principle states that citizens of a country should enjoy certain basic inalienable rights and liberties under the law, violation of which they have the right to seek redress in a law court which has the exclusive jurisdiction to handle such cases according to the constitution. The UN 1948 Universal Declaration of Human Right is a good basis on which the protection of citizens’ rights is hinged.

Other Principles and Features of the Rule of Law

1. Absolute supremacy or dominance of law over everybody in the land (supremacy of the law)
2. Access to legal facilities.
3. Provision of the constitution.
4. Fair hearing.
5. The law should be made public.
6. Right to appeal.
7. Backdating of laws.
8. There should be no government censorship or influence of the press.
9. Punishment must agree with offence committed.

EVALUATION

1. What is Rule of Law?
2. Highlight six principles (features) of the rule of law.

Problems of Application of the Rule of Law

The rule of law has maximum liberty for all the individuals in society. However, the effect of the rule of law is frustrated by the following:

1. Immunity provision: Certain categories of public office holders like the president, diplomats, judges, legislatures etc. may not be sued in the law court while the tenure of their respective offices last. In international law, foreign diplomats are not tried under the laws of their host countries.
2. Customs and traditions: The practice of some people in terms of customs and traditions may hinder the full enjoyment of peoples’ rights. This limits the working of the rule of law.
3. Delegated legislation: The delegation of law making power to some bodies other than the legislature often brings about complexity of law and abuse of such power which may lead to violation of fundamental human rights of the citizens even without the opportunity of seeking redress.
4. Administrative tribunals: This are quasi judiciary which may not give room for fair judgment, fair hearing, protection of human rights and the right to exercise appeal against erroneous judgment due to the fact that tribunals are not legal court the members may not have full legal knowledge
5. Illiteracy, ignorance and abject poverty: Where there is high level of illiteracy many will be ignorant of their rights or how to get redress when such rights are violated. The cost of litigation also discourages poverty ridden citizens from pursuing justice
6. State of emergency: When a state of emergency is declared in a country, citizens will find some of their rights denied in other to restore peace and other.
7. Red-tapism: Unduly long processes and procedures involved in justice administration often delay its dispensation. It is said that justice delayed is justice denied. A great number of suspects languish in detention for years without being tried in the law court.
8. Lack of press freedom : If the press does not have the opportunity to operate freely, the rule of law becomes less effective
9. Type of government: The type and system of government practiced in a country will determine the degree of the application of the rule of law. In a country where military or unitary system of government is adopted, there will be minimum application of the rule of law.
10. Dependent and emasculated judiciary:This relates to the lack of autonomy of the judicial arm of government which hampers equity and fairness within the judicial structure, process and system.
11. Police brutality supported by government: This entails the inhuman treatment meted out to Nigerians by irresponsible security officers.
12. Imposition of curfew:Imposition of curfew by government to certain areas or all parts of a country is a negation to the principle of rule of law. Curfew may be imposed either from dusk to dawn or as the situation warrants, when there is breakdown of law and order.

Factors that Can Ensure the Operation of the Rule of Law

1. Independent judiciary
2. Press freedom
3. The law to be kept open
4. Quick dispensation of justice
5. Period of detention
6. Public trial.
7. Power separation
8. To seek redress in court
9. Democracy
10. Right to appeal

EVALUATION

1. What are the limitations to the application of the Rule of Law?
2. Discuss the factors that can ensure or aid the successful operation of the Rule of Law.
3. What is Rule of Law?
4. Highlight six principles (features) of the rule of law.