Rule of Law PDF

Definition Rule of law is a fundamental principle that ensures everyone in a society, including individuals and government, is subject to the law and accountable under the law. Basically taking immunity from everyone and making sure everyone is equal before the law. It encompasses the idea that laws...

Definition Rule of law is a fundamental principle that ensures everyone in a society, including individuals and government, is subject to the law and accountable under the law. Basically taking immunity from everyone and making sure everyone is equal before the law. It encompasses the idea that laws should be clear, applied equally to all, and protect fundamental rights. Historically, the concept of the rule of law can be traced back to ancient civilizations like Mesopotamia, Greece, and Rome. However, it gained significant prominence during the Enligthenment period in Europe. The principles of the rule of haw were articated by legal philosophers nich as John Locke and Montesquieu, emphasizing the need for limitations on government power and the protection of individuals liberties. The rule of law dates way back to the ancient civilization. (Hammurabi's code) Babylon, 1754 BCE, which was one of the earliest legal codes,focusing on jutice and equality. The Roman Law (450 BCE), which was the twelve tables established laws publicly, emphasizing consistency and transparency and the Greek Democracy as well. Later developed in the Medieral Period in England. Magna Carta (1215). He established that even the king is subject to the law and Common Law evolving through court decision and judicial precedents. Magna Carta introduced principles like limited Royal power, Protection of Baron'Right, Due process and even Habeas Corpus. Thinkers like John Locke and Montesqueus efforts continue it in the Enligtbenment Era. They argued for the separation of powers and that governance must respect individual rights. Also, the US contitution 1787 cemented the concept of limited government and conutitutionalism. Now, being the morden era, United Nations in 1945, promoted the rule of law as the foundation for international peace and security. Not forgetting the famous constitutional law theorist Albert Venn Dicey, who popularized the phrase " rule of law" and introduced an account of the rule of law. He brought about the now famous elements of rule of law which include, Supremacy of the law, equality of all person before the law, certainty of the law and predictability of the law and gave detailed explainations to them. One of the most popular cases under the supremacy of Law is the Menima Vs Attorney General Case (1996-97)SC GLR 676. However Professor Dicey's Ruleof Law Principles though accepted by many, others also had criticism towards it. Some of these criticisms are that, 1.Too much attention to legal process generates significant rices of its own in the form of exaggerated legalism and neglect of the political or real-world dimensions of legal conflicts. 2.Excessive veneration of the law and legal procedures may be too costly if it inhibits independent social assessments of the merits of a given policy proposal or if the official mandate of "blindness" gives legitimacy to actions performed "according to the law" even when most people would oppose such acts. 3. Some writers have argued that the increasing domain of judges and lawyers— indeed, their encroachment into areas previously left to politicians and the electorate— entails the loss of much that is politically and democratically valuable. 4.Too much emphasis on procedures for preventing arbitrariness can lead to subverting the doing of justice according to what might otherwise find support in the rule of law, and the legal strictures then become themselves a form of arbitrariness that is no more legitimate. Yet, maintaining the rule of law faces a myriad of challenges. Issues like corruption, opacity, weak institutional frameworks, and undue political influence can all pose threats to its integrity. But why go through the trouble? The rule of law serves as the bedrock of a stable society, promoting fairness, predictability, and accountability. It ensures that rights are protected, disputes are resolved justly, and all individuals are held answerable for their actions. The rule of law holds immense importance as it forms the cornerstone of democratic governance, economic prosperity, and societal progress. By upholding this principle, societies can cultivate trust in their institutions, foster a culture of justice, and safeguard the fundamental rights of every individual. It acts as a beacon guiding us towards a more equitable and harmonious world where laws are respected, justice prevails, and every voice is heard.