(a) Explain the concept of the Rule of law. (b) What are the problems associated with the application of the concept?

Answer Details

(a) The Concept of the Rule of Law

The Rule of Law is the principle that a country should be governed by law and not by the arbitrary wishes of individuals in power. It was popularised by A.V. Dicey and rests on three main pillars:

• Supremacy of the law: No one can be punished except for a definite breach of the law established in the ordinary courts; government must act according to law.
• Equality before the law: All persons, high or low, are subject to the same law and the same courts, and no one is above the law.
• Fundamental rights of the individual: The rights and liberties of citizens are guaranteed and protected by the ordinary courts.

Other principles associated with it include the independence of the judiciary, fair hearing, and the presumption of innocence until proved guilty.

(b) Problems Associated with the Application of the Rule of Law

1. Official immunity: Heads of state, governors and diplomats enjoy immunity and cannot be prosecuted while in office, breaching equality before the law.
2. Delegated legislation: The making of laws by the executive and agencies, sometimes with wide discretionary powers, conflicts with the supremacy of the law.
3. Emergency powers and decrees: During states of emergency or military rule, rights are suspended and rule by decree replaces the ordinary law.
4. Corruption in the judiciary and police: Bribery and manipulation of justice undermine equality before the law.
5. Influence of wealth and status: The rich and powerful can secure better legal defence and manipulate the system, unlike the poor.
6. Ignorance and illiteracy: Many citizens do not know their rights and cannot enforce them.
7. Discrimination: Ethnic, religious, political or class bias leads to unequal treatment.
8. Preventive detention and ouster clauses: Detention without trial and laws that oust the jurisdiction of the courts weaken the rule of law.

(Any relevant problems are acceptable.)