Rules of Law

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RULE OF LAW

Rule of law can be defined as the absolute supremacy or predominance of regular


law as opposed to the influence of arbitrary power, and excludes the existence of
arbitrariness, or prerogative or even of wide discretionary authority on the part of
government.
FEATURES OF RULES OF LAW
1. One of the basic features of doctrine of rule of law is the recognition of the
supremacy of the law, including judicial decisions over all persons and
authorities in a state.
2. Another important feature of the doctrine of rule of law is the supremacy of
the constitution. In other word, the constitution is supreme above every
individual and party.
3. The independence of the judiciary is another feature of the doctrine of rule
of law. In other words the judiciary must be free from interference by any
arm of government in the discharge of their duties.
4. In its principle, the practice of rule of law also recognise the right to personal
liberty. That is, individuals should be free to exercise their rights and
offender should be treated fairly and humanly.
5. The application of the doctrine of rule of law also emphasises the
observation of democratic practices such as: freedom of press, thoughts,
association and the conduct of periodic free and fair elections among

MERITS
1. Democracy: The fourth benefit of rule of law is that it upholds democracy. It
ensures the correct implementation of a sound democratic process and
makes sure the government runs as it is supposed to.
2. Individual liberty: This is crucial to a healthy democracy. The individual
must be liberated from any oppression or coercion by the state. The
importance of the individual must be prioritised over the interests of
bureaucrats.
3. Justice: Justice is a fundamental principle of a free and fair democratic
society. It makes sure each and every individual is held accountable for their
actions.
4. Equality: This is because the rule of law decrees that no individual is above
the law. This inherently means every individual is equal under the law.
5. Freedom: The importance of a free society is enshrined within the principles
of the rule of law. It emphasises the importance of freedom by bestowing
individual freedom on every single individual.
FACTORS THAT ENSURE THE OPERATIONS OF RULE OF LAW
1. The remuneration of judges should be free from executive control. Judges should
also be paid adequate salaries and allowances to attract and retain the right caliber
of people at the bench.
2. Provisions should be made for the right of appeal. The right of appeal helps to
straighten the citizens belief in the judiciary and the rule of law.
3. The citizens must understand their right and be prepared to defend them.
4. Adequate publicity should be given to the law to enable the citizens to know their
right and limitations.
5. The fundamental human right of citizens must be entrenched in the constitution to
safeguard the liberties of the citizenry.

TYPES OF FUNDAMENTAL HUMAN RIGHT


1. Right to Life
2. Freedom from Torture
3. Right to Liberty and Security
4. Right to Work and Education
5. Freedom of Thought, Conscience, and Religion
6. Right to Equality by the law
7. Right to Privacy
8. Freedom of Movement
9. Freedom of Opinion and Expression
10.Right to participation in Government
MECHANISM FOR SAFEGUARDING FUNDAMENTAL HUMAN
RIGHTS
1. Enactment of laws to protect the rights of individuals.
2. The existence of a free and independent mass media.
3. Citizens need to be educated and enlightened to be able defend their rights.
4. Usage of Public Opinion effectively to protect the liberty of the citizens.

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