What are the limitations to the application of rule of law?

Answer Details

Although the rule of law is a cherished democratic principle, its full application is limited by a number of factors:

1. Legal immunity of certain officials: office holders such as the President, Vice-President, Governors and Deputy Governors enjoy immunity from prosecution while in office, which conflicts with equality before the law.
2. Diplomatic immunity: foreign diplomats and ambassadors are exempt from the ordinary laws and courts of the host country, so they cannot be tried like ordinary citizens.
3. State of emergency: during an emergency the government may suspend some rights and detain persons without the normal legal process, thereby curtailing the rule of law.
4. Delegated legislation: the power given to the executive and its agencies to make subsidiary laws and regulations allows government to act in ways that limit the ordinary operation of the law.
5. Preventive detention and special powers: laws that permit detention without trial, and special powers granted to security agencies, restrict the liberty guaranteed by the rule of law.
6. Ignorance and poverty of citizens: many citizens are unaware of their legal rights or too poor to afford the cost of litigation, so they cannot enforce the rule of law in practice.
7. Discretionary powers of the police and administrators: the wide discretion exercised by the police and public officials can be abused, undermining equal treatment under the law.