Rule of Law-WPS Office

Rule of Law
Rule of law is a legal maxim that suggests that no one is above the law and governmental decisions must
be made only by applying known legal and moral principles. The Rule of Law limits the powers of
Government by judicial defense of laws and the Constitution which is based on recognized basic legal
values, established in international law. The Rule of Law is meant to prevent dictatorship and to protect
the rights of the people.
The Rule of Law is especially important as an influence on the economic development in developing and
transitional countries. Constitutional economics is the study of government spending, which, in many
transitional and developing countries, is completely controlled by the executive. The standards of
constitutional economics can be used during annual budget process. The availability of an effective court
system, to be used by the civil society in courts in situations of unfair governmental distribution of
national money is a key element for the success of the rule-of-law in developing countries.
The rule of law is defined by the Oxford English Dictionary: “The authority and influence of law in
society, especially when viewed as a constraint on individual and institutional behavior; (hence, the
principle whereby all members of a society (including those in government) are considered equally
subject to publicly disclosed legal codes and processes”. The phrase “the rule of law” refers to a political
situation, not to any specific legal rule.
The contemporary definition, as developed by the International Commission of Jurists states that it Rule
of Law is the conditions, structures, institutions, processes and procedures that must exist so that the
individual can enjoy his life in dignity, security and prosperity.
Characteristics of the Rule of Law
1. Supremacy of the law
The rule of law is legal principle that law governs a nation, as opposed to being governed by arbitrary
decisions of people who wield power. Those with power must themselves be constrained by laws in
exercising their powers and not act according to their whims and fancies. The law is the highest
reference point in every situation.
2. Certainty of the law

No person may be punished or made to suffer unless the person has committed a distinct breach of the
law and a person is innocent until proven guilty. What this means is that there must first be a law
enacted which creates the offence. This is one of the reasons why laws are made, so that a citizen knows
what he or she is prohibited from doing.
At all times the law must be clear on exactly what it is. If there are no clear set of laws, a person will not
know if he or she is committing an offence. The person alleged to have committed that offence must be
charged and the charge must be proven by an independent tribunal, such as a court, before the person
can be punished.
3. Equality before the law
Another important characteristic of the rule of law is that every person is equal before the law. Equality
before the law means that the law must not be based on the class of the person. It also means that
every person must be entitled to equal protection of the law.
If a person who holds power has committed a wrong on a citizen, the citizen must be allowed to seek
redress from the person in power. There can be no exclusion from the application of the law based on
class or social status, for example.
4. Individual Rights to Personal Freedom
The rights and freedoms of the individual must be guaranteed and respected by law. Laws are made in a
country to protect the interests of the citizens. If the law is to be seen to work well, it must preserve and
protect the rights and freedoms of individuals. Every person has a right to life, no person shall be
subjected to torture or to any form of inhuman or degrading treatment and she or he also has the right
to work, personal safety, education, property and the right to vote and to stand as a candidate for
election.
While it is the duty of the state to provide necessary rights and liberties to citizens in order to ensure
greater happiness of the individual, it is the citizen’s moral obligation to refrain from interfering with the
rights and freedom of other citizens. It is to this end that the fundamental human rights are entrenched
in modern constitutions.
5. Judicial Independence
Recall that judicial independence is the concept that the judiciary should be independent from the other
branches of government. That is, courts should not be subject to improper influence from the other
branches of government or from private or partisan interests. Judicial independence is important to the
idea of separation of powers.
Judicial independence serves as a safeguard for the rights and privileges provided by a limited
constitution and prevent executive and legislative encroachment upon those rights. It serves as a
foundation for the rule of law and democracy. The rule of law means that all authority and power must
come from an ultimate source of law. Under an independent judicial system, the courts and its officers
are free from inappropriate intervention in the judiciary’s affairs. With this independence, the judiciary
can safeguard people’s rights and freedoms which ensure equal protection for all.
Conclusion
Although the rule of law was popularized by English jurist A.V. Dicey, the characteristics of the rule of
law has been known even before Dicey. There are several other characteristics of the rule of law. For
example, the late Lord Bingham, the former Lord Chief Justice of England and Wales in his book ‘The
Rule of Law’, identified several other important aspects of the rule of law including accessibility of the
law, the right to a fair trial and the adherence to human rights principles.
Other jurists and academics have also identified other aspects of the rule of law. Yet the characteristics
mentioned above remain at the heart of the principle of the rule of law. The rule of law is universal. It is
part and parcel of most legal systems in the world. It is an important bedrock of modern democracies.
In Nigeria, the rule of law is embedded in our own legal framework by the provisions of the Federal
Constitution. For example, Section 33(1) of the Nigerian Federal Constitution states that: “Every person
has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence
of a court in respect of a criminal offence of which he has been found guilty in Nigeria.
A country where there is no rule of law, is a country that inches ever closer to a failed state. It is
therefore important for us as citizens to ensure that the rule of law is adhered to by the State and those
who purport to act in its name.
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Rule of Law

Characteristics of the Rule of Law

1. Supremacy of the law

2. Certainty of the law

3. Equality before the law

4. Individual Rights to Personal Freedom

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