PROBLEMS ASSOCIATED WITH THE APPLICATION OF
THE CONCEPT
THE CONCEPT
There are some
limitations to the applications of the rule of law. These include the
following:
limitations to the applications of the rule of law. These include the
following:
- DURING A STATE OF EMERGENCY: When a country is in
a state of emergency for example, if a country is fighting a war, there is possibility of arbitrary rule. A citizen may be deprived of some of his rights. - AN AUTOCRATIC GOVERNMENT: If the government
in power is autocratic, the rule of law may not operate. The reason is that autocratic leaders
rule according to wishes not according to the laws. - EXISTENCE OF TRIBUNALS: A tribunal is not a
regular court. There is therefore no guarantee that there could be fair trial
for individuals at tribunals. - DELEGATED LEGISLATION: Delegated
legislations are laws made by non-legislative bodies. It is possible for the
people to whom power has been given to misuse it. - IMMUNITY ENJOYED BY
DIPLOMATS: Representatives
of foreign countries for example, High commissioners
and Ambassadors cannot be questioned or arrested
for any offence they commit in the country where they are serving or accredited. They can only be asked to leave
that country. - LEGISLATIVE
IMMUNITY: Members of the
legislature cannot be questioned or arrested for any speech or any comment
they make in the house. - JUDICIAL IMMUNITY: Judges are also immuned or protected from
arrest in the. performance
of their duties. - IMMUNITY ENJOYED BY THE PRESIDENT: The President or
Prime Minister of any given country enjoy some special rights which the ordinary person does
not enjoy. For
example, they cannot appear in court. - LACK
OF JUDICIAL INDEPENDENCE: If the Judiciary
is not free, the rule of law would be in jeopardy or danger. - UNEQUAL
DISTRIBUTION OF WEALTH: A person who has no source of income may not be able to
employ the services of a lawyer if he is involved in a
case.
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