(a) Explain the concept of the rule of law. (b) Give (i) two advantages of the rule of law; (ii) two limitations of the rule of law.

Answer Details

(a) Concept of the rule of law

The rule of law is a principle of governance which holds that the law is supreme and that everybody, whether governor or governed, is equal before the law and subject to it. It was popularised by the British jurist A. V. Dicey. It means that no person should be punished except for a definite breach of the law established in the ordinary courts, that no one is above the law, and that the rights and liberties of citizens are best protected through the ordinary law of the land rather than through arbitrary power. Its three main pillars are:

• Supremacy of the law: government action must be based on law, not on the whims of rulers.
• Equality before the law: all persons, regardless of status, are subject to the same law and courts.
• Fundamental human rights: the liberties of the individual are guaranteed and enforceable in the courts.

(b)(i) Two advantages of the rule of law

1. Protection of fundamental human rights: it guarantees the freedom, life and property of citizens against arbitrary invasion by government or individuals.
2. Equality and justice: it ensures that all persons are treated alike before the law, promoting fairness and preventing discrimination and abuse of power.

(b)(ii) Two limitations of the rule of law

1. Immunity of certain officials: some office holders, such as the President, Governors and diplomats, enjoy legal immunity while in office and cannot be sued or prosecuted, which contradicts equality before the law.
2. State of emergency and delegated legislation: during emergencies, and through the powers given to the executive to make subsidiary laws, individual rights may be curtailed and ordinary legal processes suspended.