RULE OF LAW
Meaning:
The rule of law means absolute supremacy of the law or predominance of
the law over and above everybody (both ruler and ruled). The doctrine of
the rule of law was made popular by Prof. A.V. Dicey in 1885 in his book
titled “Introduction to the Law of the Constitution”.
The rule of law is based on certain principles which are:
1. The Supremacy of the law; this implies that the law is predominant.
The law is superior to any other rule or arbitrary power.
2. Equality before the law: this means that everyone is equal before the
law regardless of their socio economic or political status. There is equal
subjection of everyone to the ordinary law of the land. It also means
that there is fairness in the application of the law.
3. Fundamental Liberty of Individuals: This states that citizens of a
country should enjoy certain liberties and basic rights under the law. It
implies that the freedom of citizens (such as freedom of speech,
association, life, property, movement) must be well protected by the
law of the land as such no one must prevent others from enjoying their
freedom. The right of an individual in the state is inherent.
Factors necessary for the operation of rule of law include
For the concept of the rule of law to be really functional, certain factors are
necessary. They include:
1. Presence of an independent judiciary - an independent judiciary is
required to enforce the law and ensure that public officials are subject
to the law of the land. Also, it restrains the powerful from trampling
on the rights of the people.
2. Freedom of press
3. Mass literacy
4. Co-operating states
5. There should be clear rules and procedures for making and amending
the laws.
How Rule of Law guarantees maximum liberty for citizens
1. It prevents abuse of power - state power is not exercised to the
detriment of citizens’ rights and freedom. They are exercised within
the limits of the Constitution.
2. It prevents arbitrary rule - citizens’ rights are restricted in a state
where power is exercised arbitrarily without reference to the law.
3. It prevents unlawful detention - the rule of law states that no
individual should be detained for more than 24 hours before being
tried in court.
4. It gives room for appeal - individuals have liberty to appeal in a court
if he feels judgment passed at a lower court is partial.
RULE OF MAJORITY WITH ADEQUATE SAFEGUARDS TO THE
RIGHT OF THE MINORITIES.
In all societies, it is difficult for everyone to agree on all issues at all times,
arriving at a consensus is usually difficult in arriving at major decisions that
affect the populace. As such, in democratic societies, in the absence of a
consensus, decisions are reached through majority votes.
The concept of majority rule means that a numerical majority of an
organized group holds the power to make decisions binding on all the
group. (e.g. voting, legislative house, in amending the Constitution, etc).
However, it is essential that minority should not be hindered from
expressing their views. They must be protected from what could become the
‘tyranny of the majority’. The Constitution protects the rights of the
minority.
Minority rights are protected through the following ways:
1. The Constitution guarantees human rights such as the right to
association, speech, movement and assembly.
2. There is independence of the judiciary which guarantees the right to
seek redress in the court of law.
3. The Federal Character Principle - the quota policy is applied in the
appointment of key federal government positions; this ensures that the
minority have a fair representation in the central government.
4. The constitution is written and rigid; this makes it difficult for anyone
to amend the constitution in order to punish the minority.
5. Through the promotion of political awareness and formal education.