Theory question 102
Rule of LawSection A (answer two questions only from this section)
(a) Explain the concept of the Rule of Law
(b) What are the problems associated with the application of the concept?
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(a) Rule of law (A. V. Dicey): the supremacy of law over everyone, rulers and ruled.
Supremacy of the law: no arbitrary power; nobody can be punished except for a breach of law proved in a regular court.
Equality before the law: all persons are subject to the same laws and courts.
Protection of rights: individual liberties are guaranteed by the courts/constitution.
(b) Problems: state of emergency suspends some rights; military rule and decrees; diplomatic immunity; immunity of some officers (e.g. President, Governors); special/administrative tribunals; delegated legislation and wide discretionary powers of officials; parliamentary privileges; partial or corrupt judiciary; poverty, illiteracy and ignorance of rights; high cost and delay of justice; detention without trial.
Explain all three principles in (a); give at least five problems in (b).