(a) Describe the principle of the Rule of law.
(b) How can it be ensured in a state?
Explanation
(a) Rule of Law can be described as the principle and procedures necessary for the protection of individuals from arbitrary government. This involves the three principles of supremacy of the law, equality before the law and Fundamental Human Rights in the state.
(b)(i) The rights to be enjoyed by citizens should be entrenched in the constitution.
(ii) Independent Judiciary: Rule of Law depends highly on an impartial and independent judiciary capable of making bold, impartial and incorruptible decisions.
(iii) Democratic political system: Decisions made in the state should be made by the representatives of the people and not imposed on them by a few leaders.
(iv) Literate Population: The people must be educated to know their rights and how to defend them.
(v) Press Freedom: The press must be free from governmental control.
(vi) There must be the practice of separation of powers together with checks and balances to prevent dictatorship in the state.
(vii) Establishment of extra-adjudicating bodies like ombudsman to complement the efforts of the courts and for quick dispensation of cases.
(viii) There should not be retrospective laws.
(ix) The existence of an efficient and well equipped law enforcement agents.
(x) Laws must be given adequate publicity.
(xi) Establishment of free legal aid for the less privileged.
(xii) Both the ruler and the ruled should respect and uphold the supremacy of the laws of the land.
(xiii) Suspects should not be detained longer than the law permits.
(xiv) There must be open trial.