According to the rule of law all men are
equal, but in practice this is not always the
cases for the reasons below:
equal, but in practice this is not always the
cases for the reasons below:
- Sometimes, government officials are granted
considerable discretionary powers to enable them carry out their duties effectively. These officials often mis-use
these powers to the extent that the rule of law may be
undermined. - Poverty, illiteracy and ignorance often work against the presupposition that ali men are equal before the
law. - Diplomatic immunity made it that ambassadors
cannot be sued and prosecuted in the
countries where they are serving rather they can be
repatriated and this undermines the rule of law. - Some government enact obnoxious laws that
empower head of state to arrest and detain
citizens without trial. This is a limitation
to the rule of law. - Parliamentary immunity, is enjoyed by members
of the parliament. Members cannot be sued
or prosecuted oh account of the statements they
made on the floor of the house no
matter how false they may be. This implies that they are not equal before the
iaw with other citizens. - Some citizens position like the Head of State,
Ministers, Judges, Governors etc, make
Dicey’s equality before the iaw a child’s
play. - When judges lack moral integrity, no matter how independent the judiciary may be, equality before the law will
be difficult. - Customs and tradition: Sometimes the
application of equality before the law is undermined in
a bid not to violate the customs and
tradition of the people. - Economic Wealth: Sometimes justice is
purchased in court of law as commodity and only the poor suffers, which
is not in line with the rule of law.
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