Posted by Chester Morton / Monday 19 December 2016 / No comments
The conditions necessary for Rule of Law to operate
Definition
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, in his classical opinion, Rule of
Law means the law is supreme. 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.
CONDITIONS FOR RULE OF
LAW
Judiciary must be independent
One of the conditions that can make it possible for rule of
Law to operate is the existence of an independent and impartial judiciary. This
way the courts cannot influenced in anyway by governments, persons or groups of
persons. The freedom of the judiciary will definitely enhance Rule of Law.
Free legal aid
Another condition that can make Rule of Law thrive is the
provision of legal aid to the people in need of it. There are some citizens who
are so poor that they cannot afford to pay the fees to the lawyers that
represent them in court. Such citizens can resort to the use of the legal aid
that is freely provided by the state or groups of lawyers.
Availability of social and economic facilities
Another condition for Rule of Law to flourish is the
existence of social and economic facilities. These facilities must be provided
by the state for the citizens to enjoy. Such social and economic facilities
must include, health, education, public toilets at vantage points, etc.
A tolerant government
For Rule of Law to thrive, the government of the day must be
tolerant of divergent views in the society. In other words, the citizens must
be free to express their opinion on a wide rage of issues without the fear of
being victimized by state apparatus.
Well informed citizens
Rule of Law can operate very well when the citizens of the
land are aware about their rights and obligations. This calls for a highly
enlightened citizenry. It is the only way the citizens can know whether their
rights are being trampled upon or not. If the citizens are not aware about
their rights, how can they know if those rights are being violated or not?
SAMPLE QUESTIONS
1. a. Give the classical and the contemporary meaning of Rule
of Law.
b. Highlight four
conditions that must exist in a country before Rule of Law can operate
properly.
2. Explain five conditions that are deemed to be necessary
before Rule of Law can operate well.
