In what six ways can a government of a state violate the principle of the Rule of law?

Answer Details

The Rule of Law, as expounded by A. V. Dicey, means the supremacy of the law, equality before the law, and the guarantee of the fundamental rights and liberties of the citizen. A government violates this principle in the following ways:

1. Detention of persons without trial: When the government arrests and detains citizens indefinitely without charging them before a court of law, it breaches the principle that no one should be punished except for a proven breach of the law.
2. Making of retroactive (ex post facto) laws: When the government enacts laws that punish acts which were not offences at the time they were committed, it violates the fair operation of the law.
3. Denial of fair hearing: When persons are tried and condemned without being given the opportunity to defend themselves, or are made judges in their own cause, the rule of law is undermined.
4. Discrimination and inequality before the law: When the government treats some citizens as being above the law (for example, granting immunity to officials for crimes) or applies the law unequally on the basis of tribe, religion or status, it violates equality before the law.
5. Suppression of fundamental human rights: When the government muzzles the press, bans free speech, association and movement, and represses opposition, it denies the liberties the rule of law protects.
6. Interference with the independence of the judiciary: When the executive dictates to the courts, removes judges arbitrarily, or refuses to obey court orders and judgments, the rule of law is destroyed.
7. Rule by arbitrary decrees and use of force: When government acts by naked force, ouster clauses and arbitrary decrees rather than by due process, it sets itself above the law.
8. Confiscation of property without due process: When the government seizes citizens' property without lawful authority or compensation, it breaches the rule of law.