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Week 2

Topic: RULE OF LAW

 Content

  • The meaning of rule of law
  • Benefits of the rule of law as against arbitrary rule

(a)     The meaning of rule of law

The rule of law means supremacy of the law, equality before the law and the adoption of fundamental human rights in a democratic state.  This means that the law rules and nothing else. Rule of law also means the law is not a respecter of person in any given state.  The rule of law was developed by Professor A.V. Dicey who wrote a book in 1885 titled, Introduction to the Study of Law of the Constitution in which he said “the rule of law is necessary to prevent oppression and tyranny”. Rule of Law is based on the notion that decisions should be made by applying known principles or laws, without resorting to the use personal judgment or discretion.

(b)       Benefits of the rule of law as against arbitrary rule

  1. The application of the rule of law will ensure that a country is governed in accordance to the dictates of the constitution
  2. The rule of law will guarantee the independence of the Judiciary as the custodian and interpreter of the country’s constitution

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