Rule of law has two definitions, the classical meaning as proposed by A. V. Dicey and the modern definition by the New Delhi declaration in 1959, at a meeting of the International Commission of Jurists.
According to A. V. Dicey, Rule of Law means the supremacy of the law. In other words, the law is the highest authority of the land in the absence of which nothing else can prevail. For example, the law does not reside in the bosom of anybody.
The contemporary definition, as developed by the International Commission of Jurists states that it is the conditions, structures, institutions, processes and procedures that must exist so that the individual can enjoy his life in dignity, security and prosperity.
ADVANTAGES OF RULE OF LAW OR IMPORTANCE OF PRACTICING RULE OF LAW
1. Promotes the freedom of the judiciary:
One of the advantages of Rule of Law is that it promotes the freedom of the Judiciary. One feature of the modern definition of Rule of Law is the guarantee of the freedom of the judiciary. This means that wherever the Rule of Law operates in the real modern sense of the word, the freedom of the judiciary is enhanced. In other words, there are no interference from any quarters.
2. Enhances the freedom of the individual:
Where Rule of Law operates, governments are expected to allow the expression of divergent views in the society. The government is also expected to ensure the freedom of the mass media, which includes the radio, television, newspapers and lately the news portals and social media.
3. Promotes qualitative life:
Where Rule of Law operates to the letter, the quality of life of the citizens is greatly enhanced. This is because the modern definition of Rule of Law encourages the creation of the social conditions that would make it possible for the citizens to enjoy the social order. Once this is achieved, the quality of life of the individual would be enhanced.
4. Preserves the constitution:
Another advantage of the operation of Rule of Law is that it helps to preserve the constitution of the land. The constitution is ultimately the law of the land and Rule of Law ensures the certainty of the law. This being so, as the Rule of Law operates, the constitution is also preserved.
5. Prevents arbitrariness and dictatorship:
Where the Rule of Law operates properly, the citizens become very much aware of their rights and liberties. This way they are able to know if their rights are being trampled upon or not. It also helps them to check arbitrariness on the part of government appointees and the rise of dictatorship.
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