Theory question 102
Rule of Law(a) Describe the principle of the Rule of Law.
(b) How can it be ensured in a state?
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(a) The rule of law (A.V. Dicey) means the law is supreme over everyone, rulers included; it rests on three principles: supremacy of the law (no arbitrary power, no punishment except for a breach of law proved in court), equality before the law, and protection of individual rights by the courts.
(b) Any five: independent and impartial judiciary; entrenchment of fundamental rights in the constitution; separation of powers with checks and balances; free press; democratic government with free elections; educated citizens who know their rights; free legal aid; no retroactive laws; open and speedy trials, no detention without trial; ombudsman/human rights bodies; leaders who obey court orders.
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