(a) Describe the principle of the Rule of law. (b) How can it be ensured in a state?

Answer Details

(a) The principle of the Rule of Law

The rule of law, associated with A. V. Dicey, is the principle that the law is supreme and that everybody, whether governor or governed, rich or poor, is subject to the same law and the ordinary courts of the land. It rests on three main ideas: the supremacy of the law over arbitrary power, equality of all persons before the law, and the protection of individual rights and liberties by an independent judiciary. Under it, no person may be punished except for a definite breach of the law established in the ordinary courts.

(b) How the rule of law can be ensured in a state

1. Independence of the judiciary: Judges must be free from the control of the executive and legislature so that they can dispense justice impartially.
2. Fundamental human rights entrenched in the constitution: Citizens' rights should be guaranteed and made enforceable in the courts.
3. Fair hearing and due process: Every accused person must be given a fair and public trial, presumed innocent until proven guilty, and allowed legal representation.
4. Equality before the law: The law must apply equally to all citizens without discrimination on grounds of status, wealth, religion or office.
5. Separation of powers: Dividing governmental powers among the executive, legislature and judiciary prevents the concentration and abuse of power.
6. A free press and enlightened public opinion: A vigilant press and informed citizenry expose abuses of power and hold government accountable.
7. Absence of arbitrary arrest and detention: No one should be detained without being charged before a court within a reasonable time.