Posted by Chester Morton / Monday 19 December 2016 / No comments
The advantages of Rule of Law
Definition of Rule of Law
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
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.
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.
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.
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.
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.
SAMPLE QUESTION(S)
1. a. What is Rule of Law? [2 marks]
b. Highlight five
advantages of Rule of Law. [10 marks]
2. Highlight five advantages of Rule of Law. [15 marks]
3. Explain five reasons why it is important for a country to
practice Rule of Law. [15 marks]
