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    RULE OF LAWgrade10

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    Bella Yue
    Professor A.V Dicey defined rule of law as the supremacy of law over everyone in a country, both rulers and citizens. He proposed three principles of rule of law: equality before the law, impartiality in legal proceedings, and fundamental rights for individuals. Factors like public trials, an independent judiciary, and access to lawyers help ensure the successful operation of rule of law. However, there are also limitations, such as during states of emergency, under military rule, or due to diplomatic or parliamentary immunity. The importance of rule of law includes protecting citizens' rights, public laws, the right to appeal judgments, and limiting arbitrary government power.

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    RULE OF LAWgrade10

    Uploaded by

    Bella Yue
    13 views2 pages
    Professor A.V Dicey defined rule of law as the supremacy of law over everyone in a country, both rulers and citizens. He proposed three principles of rule of law: equality before the law, impartiality in legal proceedings, and fundamental rights for individuals. Factors like public trials, an independent judiciary, and access to lawyers help ensure the successful operation of rule of law. However, there are also limitations, such as during states of emergency, under military rule, or due to diplomatic or parliamentary immunity. The importance of rule of law includes protecting citizens' rights, public laws, the right to appeal judgments, and limiting arbitrary government power.

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    It's is superior to people whether it's king it queen or rich entitled

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    Professor A.V Dicey defined rule of law as the supremacy of law over everyone in a country, both rulers and citizens. He proposed three principles of rule of law: equality before the law, impartiality in legal proceedings, and fundamental rights for individuals. Factors like public trials, an independent judiciary, and access to lawyers help ensure the successful operation of rule of law. However, there are also limitations, such as during states of emergency, under military rule, or due to diplomatic or parliamentary immunity. The importance of rule of law includes protecting citizens' rights, public laws, the right to appeal judgments, and limiting arbitrary government power.

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    13 views2 pages

    RULE OF LAWgrade10

    Uploaded by

    Bella Yue
    Professor A.V Dicey defined rule of law as the supremacy of law over everyone in a country, both rulers and citizens. He proposed three principles of rule of law: equality before the law, impartiality in legal proceedings, and fundamental rights for individuals. Factors like public trials, an independent judiciary, and access to lawyers help ensure the successful operation of rule of law. However, there are also limitations, such as during states of emergency, under military rule, or due to diplomatic or parliamentary immunity. The importance of rule of law includes protecting citizens' rights, public laws, the right to appeal judgments, and limiting arbitrary government power.

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    RULE OF LAW

    It can be defined as the supremacy of law over everybody; both the rulers and the ruled and all
    decisions taken in the country. The theory of rule of law was propounded or introduced by a British
    professor of English law (Prof.A.V Dicey) in 1885 in the book titled “ Introduction to the law of the
    constitution”.
    He posited that those entrusted with the administration of a country should rule in accordance
    with the laws of the land. He maintained that both the government and the governed should respect
    and act in accordance with the provisions of the constitution.
    PRINCIPLE OF RULE OF LAW
    Professor A.V Dicey propounded the following three principles of rule of law. These include
    1. EQUALITY BEFORE THE LAW: This principle state that all citizens, irrespective of their age,
    gender, status, religious belief are equal before the law. If a president and servant (ordinary
    citizen) committed the same offence, the principle maintains that both should be given the
    same punishment.
    2. IMPARTIALITY: It means that no one should be made to suffer any penalty or punishment in any
    way unless found guilty of breaking the law which must however be established in the court.
    Even an accused person should be assumed innocent until a court of law finds him guilty .
    According to A.V Dicey, no one should be arrested without being told of his offence. Everyone is
    entitled to defend himself with the assistance of a lawyer and should not be tried in a special
    court but in the same courts others are tried.
    3. THE FUNDAMENTAL RIGHTS OF INDIVIDUALS: This principle states that citizens of a country
    should enjoy certain basic inalienable rights and privileges under the law, violation of these
    rights of which they have the rights to seek redress in the court of law. The rights which are
    stated in most constitutions commonly referred to as Fundamental Human Rights together with
    their limits.
    FACTORS THAT CAN ENSURE OR AID THE SUCCESSFUL OPERATION OF RULE OF LAW
    1. Public trials of the accused persons not secret trials.
    2. The press must be free, not gagged or censored.
    3. The judiciary must be independent and impartial
    4. Citizens should be granted the rights to appeal against any judgement they feel like.
    5. There should be no delayed justice which will lead to denied justice.
    6. Accused person should have access to lawyers to defend them
    7. There should be an atmosphere of peace and order in a country because rule of law is
    undermined in a period of war.

    LIMITATIONS TO RULE OF LAW


    1. STATE OF EMERGENCY: Citizens may be denied some rights when a state of emergency is
    declared in a country e.g imposition of dusk to dawn curfew etc.
    2. THE TYPE OF GOVERNMENT: The type of government adopted in a country for instance military
    rule acts as a serious limitation to application of rule of law
    3. DIPLOMATIC IMMUNITY: Ambassadors cannot be sued and prosecuted in the countries where
    they are serving rather they can be repatriated and this undermines rule of law.
    4. PARLIAMENTARY IMMUNITY: Members of the parliament cannot be used or prosecuted based
    on the statements they make on the floor of the house no matter how false they may be which
    means they are not equal before the law.
    5. AGE LIMIT: People’s ages play significant role in determining how the rule of law can apply to
    them. For instance, children under 7years cannot be prosecuted, the legal offence they
    committed notwithstanding.

    IMPORTANCE OF RULE OF LAW


    1. It guarantees and protects the fundamental human rights of citizens
    2. Laws are made public and not kept in secret
    3. An accused is assured of his right to appeal against a judgement of the court which he thinks is
    erroneous
    4. It does not allow a person to be detained for too long with formal charges brought against him
    5. It ensures that powers of government are limited and not exercised arbitrary power.

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