THE
RULE OF LAW
FEATURES
OF RULE OF LAW.
The concept rule of law was originally formulated by
A.V. Dicey with three features. These are:
1. Supremacy
of the Law
2. Equality
before the Law
3. Principle
of Liberty/ the Right to Personal Freedom/Enjoyment of Fundamental Human
Rights.
In 1958, there was an addition to the three making it four. That is,
4. Upliftment of Social and Economic Well-being or Development of Social and Economic Conditions.
SUPREMACY
OF THE LAW
The supremacy of
the law means that, the laws, rules and regulations spelt out in the
constitution as well as any other laws of the country must reign supreme in all
activities in the country. It is the laws of the country and nothing else. In the
administration of justice, the rule of law must be the basis. The discretionary
powers of those in authority does not play any role under this principle.
This principle of feature of rule of law states that citizen of the country, whether the ruled or the ruler must at all times be equal before the law. What this means is that, every individual member of the country no matter the position that you hold is subject to the rules and regulations of the state. It also explains that those in authority and those who are not in authority are all below the law. No single people is above the law.
PRINCIPLE
OF LIBERTY/ THE RIGHT TO PERSONAL FREEDOM/ ENJOYMENT OF FUNDAMENTAL HUMAN
RIGHTS.
This principle
explains that every citizen in the country should and in some cases must enjoy
their personal liberty. The 1992 constitution of Ghana has made provisions for
every citizen irrespective of gender, race, and place of origin, political
affiliation or opinions to be entitled to fundamental human rights and
freedoms.
UPLIFTMENT
OF SOCIAL AND ECONOMIC WELL-BEING
This principle
requires that nations formulate pragmatic policies and programmes in order to
uplift the socio-economic status of their citizens. As the saying goes, “a
hungry is an angry man”. The government is hence mandated to provide some of
the basic social amenities such as schools, hospitals, potable drinking water
etc to improve upon the quality of life of the people.
HOW
RULE OF LAW CAN BE REALISED
1. An
efficient security and defence system
2. Existence
of written constitution
3. Existence
of independent press
4. The
establishment of democratic institutions
5. Separation
of powers
6. Improvement in the socio-economic well-being of the citizens
A
BREAK IN CONSTITUTIONAL RULE
This refers to a
situation where the constitution of a country is suspended as a result of a revolution
or military coup d’etat. In other words, It is a situation where a group of
people especially the military overthrows a constitutionally elected government
and suspends the country’s constitution.
CONSEQUENCES
OF THE BREAKDOWN OF CONSTITUTIONAL RULE
1.
Lawlessness:
The
breakdown of a country’s constitution by any means would create an environment
of lawlessness in the country. Chaos and anarchy would disturb the peaceful and
harmonious living in the country. Children, women, disable persons and other
vulnerable people would be abused without any protection. The security agencies
and other law enforcement agencies would not be able to offer protection due to
the break of the constitution.
2. Suspension of developmental projects: A break in constitutional rule would lead to a halt in the developmental projects such as the construction of roads, building of schools, hospitals and many others, initiated by the civilian government. The military usually do not see the usefulness of the construction of these projects.
3. Arbitrary
rule and dictatorship: A break in constitutional rule
would result in arbitrary rule. This is because the decisions, policies and actions
of the governing body would not be guided by the principle of rule of law,
accountability and transparency, protection of human rights. The administration
of the country would be based on the wishes and opinions of the governing body.
4.
Abuse
of human rights
5.
Disruption
of economic group
6.
Discouragement
of foreign investment
7.
No
political accountability
8.
Disunity
and political instability.
SAMPLE QUESTIONS
0 Comments