(a) Explain the concept of the rule of law. (b) Give (i) two advantages of...
(a) Explain the concept of the rule of law.
(b) Give (i) two advantages of the rule of law; (ii) two limitations of the rule of law.
Explanation
The rule of law refers to the constitutional provision which emphasises the supremacy of the law, equality before the law and the existence of fundamental human rights.
(b) The advantages of the rule of law :
(i)All citizens are given equal treatment irrespective of position or wealth.
(ii) Every citizen within the state has a degree of freedom in all respects.
(iii) All citizens are entitled to respect and dignity of human person.
(iv) Rule of law could lead to the existence of a stable society. Limitations of the rule of law:
(i) Immunities - Diplomatic, presidential, judicial and parliamentary immunities affect the operation of the rule of law.
(ii) The establishment of administrative tribunals negate the operation of the rule of law.
(iii) Emergency situations could curtail the rights of individuals and the operation of the rule of law, e.g. during wars.
(iv)The existence of delegated legislations which might encroach on the rights of individuals negates the operation of the rule of law.
(v) Illiteracy, poverty and ignorance of the citizens about the existence of the rule of law can limit its operation.
(vi) Attitude of government also affects the operation of the rule of law - e.g. refusal by the government to respect judicial decisions.