THE RULE OF LAW

The rule of law, also called supremacy of law, simply means that the law is above everyone and it applies to everyone. Whether governors or governed, rulers or ruled, no one is above the law, no one is exempted from the law, and no one can grant exemption to the application of the law.

Friedrich Hayek in his book, ”The Constitution of Liberty” (1961), wrote: “By ‘law’ we mean the general rules that apply equally to everybody… As a true law should not name any particulars, so it should especially not single out any specific persons or group of persons... the rules must apply to those who lay them down and those who apply – that is, to the government as well as the governed – and that nobody has the power to grant exceptions.”

There are two important implications for this. One, the laws should be very transparent and clearly worded so that all mature citizens would clearly understand what are strictly prohibited and the penalties associated with violating the laws. And two, the laws and prohibitions should be as few as possible. Both citizens and law enforcers can easily remember them and people can grow in freedom, in an environment of very few restrictions and prohibitions.

Rule of law can also be viewed as a general legal maxim according to which decisions should be made by applying known principles or laws, without the intervention of discretion in their application.[2] This maxim is intended to be a safeguard against arbitrary governance. The word "arbitrary" (from the Latin "arbiter") signifies a judgment made at the discretion of the arbiter, rather than according to the rule of law.[3][4]

Generally speaking, law is a body of rules prescribed by the state subject to sanctions or consequences.[5] The predominant view is that the concept of "rule of law" per se says nothing about the "justness" of the laws themselves, but simply how the legal system operates.[6][7] As a consequence of this, a very undemocratic nation or one without respect for human rights can exist with a "rule of law" — a situation which may be occurring in several modern dictatorships. The "rule of law" or Rechtsstaat may be a necessary condition for democracy, but it is not a sufficient condition

The idea behind the principle is that everybody is equal before the law of the land.

The principle or characteristics of the rule of law are as follows:

The principle of equality:

This principle specifically says that all were equal before the law of the land.

Independent of the judiciary:

The judiciary should be independent from the other organs of the government to discharge their work effectively. It further stated that immunity should be given to the judges for effective discharge of their duty, but I argue this, under the Rule of Law, no one should be immune to charges. Those of us that have lived in the third world countries no this.

Justice should not be delay:

Justice delay in legal parlance is termed justice denied. Justice should not be delay.

Judicial Impartiality:

The judiciary shoud be impartial in discharging their duty.

Free and Fair Election:

the election in the state should be free and fair.

LIMITATION OF THE RULE OF LAW

The following are the limitation to the rule of law in my country:

Diplomatic Immunity:

The ambassadors representing another country cannot be arrested in the country his or she is discharging their duty.

The immunity also covered them from been detained in the country where they are discharging their duty.

Immunity of the head of state and government:

This principle specifically said that the head of state should not be prosecuted for any offences, in fact the president can not appear in the court of law.

the president should not be arrested or detailed for any reason although when he step down from the power or corridor of power he may be apprehended. This also can not be said to be correct, I know you will agree with me to a large extended

Parliamentary Immunity:

The legislature are protected from any statement made in the floor of the house. Any statement made in the floor of the house by the legislature are protected by the law.

Riches and Affluence:

The rich can buy the rule of law. In fact, the rich can use their wealth to by justice.

The partial judges: Some judges are corrupt which can affect the discharge justice to favor the people that bribe them. In fact some judges are corrupt. This are the reasons why there should not be immunity for any.

Police Brutality:

the police often arrest and detailed the citizens without any prove of crime.

Bribering and corruption among the judges, politicians, etc.