Rule of Law I – SS1 Civic Education Lesson Note (Second Term)

The rule of law is the principle that places law above all persons in society, so that nobody is above the law, whatever their position.

Behavioural objectives

By the end of the lesson, students should be able to:

1. define law and the rule of law;
2. state the three principles of the rule of law according to Prof. A. V. Dicey;
3. list and explain the limitations of the rule of law;
4. state the benefits of the rule of law;
5. explain what the rule of law requires of the state.

What is law?

Law is a body of official rules and regulations that guide human conduct in a group, society or nation.

• Where it is found: in constitutions, Acts of the legislature, judicial decisions (court judgments) and similar sources.
• Purpose: it governs a society and controls the conduct of its members.
• How it works: decisions and actions are written as rules and regulations and carried out as policies.

What is the rule of law?

The rule of law is a principle of governance that stresses the supremacy of the law, legal equality, impartiality and individual liberty.

• Supremacy of law: the law ranks above every person and institution.
• Legal equality: all persons are treated alike under the law.
• Impartiality: judges and officials must be fair and must not take sides.
• Individual liberty: citizens are free to act within the law.
• Accountability: all persons and institutions, public and private, including the State itself, answer to laws that are publicly made, equally enforced and independently judged.
• Rulers: those who rule must act according to laid-down rules and regulations.

What are the principles of the rule of law?

According to Prof. A. V. Dicey, a British constitutional lawyer, the rule of law has three principles.

1. Supremacy of the law

• Meaning: every citizen must act according to the law.
• Punishment: nobody may be punished except for breaking the established laws of the land.
• Effect: it removes arbitrariness, which means decisions made by whim and not by law.
• Government: its power is limited by law.

2. Equality before the law

• Meaning: every citizen, whatever his rank or position, is subject to the ordinary laws of the land.
• Effect: there is no special treatment for different people.
• Example: a public official who commits a crime can be tried in the same courts as an ordinary citizen.

3. Individual rights (fundamental human rights)

• Meaning: fundamental human rights are natural and inalienable rights of every citizen.
• Source: they belong to a person by nature, and the constitution protects them.
• Effect: citizens are entitled to these rights and the courts defend them.

What are the limitations of the rule of law?

Limitations of the rule of law are the situations and conditions that prevent it from applying fully to everyone.

• Diplomatic immunity: foreign diplomats cannot be arrested or tried in the courts of the host country.
• Immunity of heads of state: in Nigeria, the president and governors are protected from civil and criminal cases while in office.
• Parliamentary immunity: lawmakers are protected from legal action for what they say in official legislative proceedings.
• Delegated legislation: ministers and agencies make rules under powers given by the legislature, and these rules can affect rights.
• Administrative tribunals: they settle some disputes outside the ordinary courts and may not follow ordinary court procedure.
• Inadequate independence of the judiciary: judges who depend on the executive may fear to rule against the government.
• Immunity of judges: judges are not liable for decisions made in the course of their duty.
• Illiteracy and ignorance: citizens who do not know their rights cannot demand them.
• State of emergency: during an emergency, some rights may be limited for a time.
• Customs and traditions: some customs treat people unequally, which conflicts with equality before the law.
• Type of government in power: a government that rules by decree, such as a military regime, may set aside the constitution.

What are the benefits of the rule of law?

The benefits of the rule of law are the advantages that a society gains when law governs everyone.

• Equality: it makes all citizens equal in a political system.
• Obedience to law: it brings about respect for the law of the land.
• Supremacy of law: it keeps the law above citizens and rulers.
• Peace and order: it guarantees peace and order in society.
• Protection of rights: it protects citizens’ rights and their inalienable fundamental human rights.
• Freedom of the press and association: it allows people to speak, publish and form groups lawfully.
• No tyranny: it prevents tyrannical rule, arbitrariness and dictatorship.
• No unlawful detention: it guards against illegal or unlawful arrest and detention.
• Separation of powers: it promotes the separation of the executive, legislature and judiciary.
• Independent judiciary: it promotes the freedom of the courts to decide cases fairly.
• Good governance: it guarantees good governance.
• Individual freedom: it enhances the freedom of the individual.
• Quality of life: it promotes a better quality of life.
• Constitution: it preserves the constitution.

What does the rule of law require of the state?

The rule of law requires the state to govern according to law and to protect the rights of its citizens.

1. The state must protect the rights of every individual.
2. The state must apply the rule of law when judging cases among people in the state.
3. The state must ensure separation of powers among the organs of government.
4. The state must ensure that government officials and citizens understand that the Constitution is the fundamental law of the land.

Evaluation

1. Define the rule of law.
2. State the three principles of the rule of law according to Prof. A. V. Dicey.
3. List five limitations of the rule of law.
4. State five benefits of the rule of law.
5. Explain how illiteracy and ignorance limit the rule of law.

Assignment

Explain the principle of equality before the law, and state four responsibilities of the state under the rule of law.