The term “Rule of Law” do not have a fixed definition. Hence it is
a concept which is capable of several interpretations by several scholars.
However, the objective of the rule of law is that of the supremacy or
sovereignty of law over all individuals in a country. The rule of law ensures
that every individual, regardless of power, rank or status, should be equally
open to to the law. Hence, Aristotle wrote in his book, The Politics, “Where
the law do not rule, there is no constitution”.[1]
The Secretary-General of United nations described
the concept of rule of law as “a principle of governance in which all persons,
institutions and entities, public and private, including the State itself, are
accountable to laws that are publicly promulgated, equally enforced and
independently adjudicated, and which are consistent with international human
rights norms and standards. It requires, as well, measures to ensure adherence
to the principles of supremacy of law, equality before the law, accountability
to the law, fairness in the application of the law, separation of powers,
participation in decision-making, legal certainty, avoidance of arbitrariness
and procedural and legal transparency.”[2]
According to the British law professor A.V. Dicey,
the rule of law is based on three main principles. The first is, no man could
be punished by an authority unless it is mentioned as a punishable act in the
law. The second the principle says that ordinary courts should be applying
ordinary law when determining the disputes of citizens and government
officials. The last principle of rule of law according to A.V. Dicey says that,
fundamental rights of the citizen including the freedom of speech, freedom of
association and freedom of person are derived from natural law. Hence they are
not dependent on constitution, declarations or any guaranty.[3]
[1] Constitutional
and Administrative Law, 6th Edition, Hilaire Barnett
[2]Report
of the Secretary-General: The rule of law and transitional justice in conflict
and post-conflict societies (S/2004/616).
[3]http://www.businessdictionary.com/definition/rule-of-law.html
