Theory question 105
Rule of LawSection A
The Rule of Law presupposes that all men are equal before the law but in practice this is not always true. Discuss.
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Explain rule of law (supremacy of law, equality before the law, protection of rights)
Limits in practice: immunity of the President/Governors and diplomats from prosecution
Poverty: the rich can afford good lawyers and bail, the poor cannot
Illiteracy and ignorance of rights
Delays and cost of justice
Military rule: suspension of the constitution, decrees and ouster clauses
Corruption and influence of the powerful in courts and police
Emergency powers and detention without trial
Administrative discretion and delegated legislation
Privileges of legislators (e.g. immunity for statements in the house)
Start by stating the principle, then explain the exceptions with examples.