(a) List the three features of the rule of law (b) State four hindrances to the application of rule of law in the society.
(a) Three features of the rule of law
Equality before the law: Every citizen, whether rich or poor, ruler or ruled, is subject to the same laws and enjoys equal treatment before the courts.
Supremacy of the law: The law is above every person and institution; no one, including the government, is above the law, and government actions must be based on the law.
Fundamental human rights (impartial and fair hearing): The rights of citizens are guaranteed and protected, and every person is presumed innocent until proven guilty by a fair and impartial court.
(b) Four hindrances to the application of the rule of law in society
Immunity clause: Certain public office holders such as the President and Governors enjoy immunity from prosecution while in office, which undermines equality before the law.
State of emergency: During emergencies, certain rights and freedoms may be suspended, limiting the full operation of the rule of law.
Corruption and bribery: Corrupt judicial officers and law enforcement agents can pervert the course of justice in favour of the highest bidder.
Undue government interference: Interference of the executive in the affairs of the judiciary and delay in the administration of justice weakens the independence of the courts.
Equality before the law: Every citizen, whether rich or poor, ruler or ruled, is subject to the same laws and enjoys equal treatment before the courts.
Supremacy of the law: The law is above every person and institution; no one, including the government, is above the law, and government actions must be based on the law.
Fundamental human rights (impartial and fair hearing): The rights of citizens are guaranteed and protected, and every person is presumed innocent until proven guilty by a fair and impartial court.
(b) Four hindrances to the application of the rule of law in society
Immunity clause: Certain public office holders such as the President and Governors enjoy immunity from prosecution while in office, which undermines equality before the law.
State of emergency: During emergencies, certain rights and freedoms may be suspended, limiting the full operation of the rule of law.
Corruption and bribery: Corrupt judicial officers and law enforcement agents can pervert the course of justice in favour of the highest bidder.
Undue government interference: Interference of the executive in the affairs of the judiciary and delay in the administration of justice weakens the independence of the courts.