Basic Principles of Government

Government SSS 1 Second Term

WEEK 5

Basic Principles of Government

Performance Objectives

Student should be able to:

i. Explain the meaning of the Rule of law.

ii. List basic principles.

iii. List problems of Rule of law.

iv. Explain the meaning of fundamental human rights

v. Know the origin and Importance of Human Rights

Rule of Law

It is defined as the supremacy of law over everybody in a political system. Rule of law over is also seen as a provision made by the constitution with emphasis on the supremacy of the law, equality before the law and the presence or inclusion of the principle of individual rights.

Principles of Rules of law

The following are the principles of rules of law as propounded by Professor A.V Dicey.

1. Equality: This states that laws should apply equally to all citizens of a country, irrespective of their economic or political status. That is, nobody should be above the law.

2. Impartiality: The law should be impartial in dealing with offenders I.e, no person should be punished for any offence until otherwise established by the court. Any accused person is still regarded as a suspect by law and should not be detained for more twenty-four hours without producing the individual in court.

3. Individual rights: Every human being is entitled to an exercise of fundamental rights and freedom, and that when these rights are violated, citizens should have the right to seek redress from the courts.

4. Supremacy of law: The supremacy of law over every individual even the lawmakers is established.

5. Right to appeal: The individual should have the right to appeal when not satisfied with the judgement of the lower court.

6. Provision of the constitution: Every government should rule the people as according to the established laws and provisions of the constitution.

Limitations to the Application of Rule of law.

1. Immunity of Heads of state: He may not be sued or appear in court, this privilege is not extended to the citizens and it is a limitation to the rule of law.

2. Delayed justice: Justice delayed is agreed to be justice denied because some individuals have spent years in law enforcement custody with their cases frequently postponed.

3. Immunity of the parliament: The lawmakers are immune from every utterance, actions or statements made in parliament.

4. Diplomatic immunity: Diplomats cannot be prosecuted in the country where they are residing as accredited representatives of their country.

5. Types of government: A one-party system can grow into dictatorship, thereby limiting the application of the rule of law.

6. Customs and traditions: In the process of trying to respect the customs and traditions of a particular people, the application of the rule of law may be neglected.

Factors that ensure the operation of the Rule of Law

1. Independent judiciary

2. Press freedom

3. The law must be kept open

4. Justice must be quickly made

5. Power separation

Fundamental Human Rights

This is the inalienable (natural) rights and privilege enjoyed by the citizens of a given state, which are usually stated in the constitution of the country.

These include: The right to life, security and protection from inhuman treatment, freedom from slavery, the right to seek redress in court, freedom from unlawful detention and imprisonment freedom of movement, freedom of joining and forming associations and freedom of expression etc.

Limitations of Fundamental Human Rights

1. Inequality before the law

2. Immunity

3. Abuse of power

4. Class

5. Political violence

6. Corruption