THE CONCEPT OF THE RULE OF LAW AND ITS APPLICATIONS

The concept of the Rule of Law means absence of military junta and the presence of participatory democracy through the Constitution -the bedrock of our legal collections. In essence, the concept invites democracy, where legitimate power of the law and governance is derived from the citizenry. Anything short of this does not qualify for Rule of Law and democratic sustainability.

Rule of Law has no single universal definition, however, scholarly works from Aristotle, and pre-liberals like John Locke and Thomas Hobbes have laid the foundation for a modern evolution of the concept. Lord Bingham, the British Lord, sees the concept of Rule of Law as giving people the right to fair trial and judicial freedom under the Due Process Clause. In Rule of Law, the law sets the framework with mutual support from the people in the governance of the polis. There is no room for arbitrariness.

To help build the Rule of Law therefore, implies, that we must eschew political apathy, and introduce Active Citizenship Participation Campaigns through civic leadership engagements, demand for civic virtues, and democratic accountability. Civil Society Activists Groups must help create political awareness through active and proactive media engagements, community advocacy networks and direct involvement in political leadership. Participation in voting during political elections and respect for the views of one another even in the face of dissent must be strongly encouraged. 

Consensus building must be inculcated in our democratic decision-making processes. Also, State institutions must be established by law and be strengthened to perform without fear or failure in our political democratic exercise. The press must be insulated from undue factionism, and party political manipulations. The media must serve as watchdog in our democratic exercise, and the onus is on them to set the agenda and educate the populace on their rights and responsibilities in collaboration with other democratic State institutions.

The democratic arms of government (i.e. the Executive, Legislature and the Judiciary ) must be seen as co-equal branches of the government under the principles of Separation of Powers and Checks and Balances to prevent dictatorial regimes from gaining grounds and nip corruption in the bud for a transformed economic development agenda, and better economic standard of living.

The principle of Separation of Powers and Checks and Balances ensures that tyranny is completely eliminated or minimized. It ensures that delegated powers are exercised with good faith and conscience, and the exercise of discretion is within the ambit of the law.

By far, the American legal system presents one of the best examples for the Rule of Law - comparatively, around the world. That notwithstanding, there are still few infractions in the justice administration system because of many other factors such as human frailties, institutional and systemic racism,  undue political influence, ideological expansions and lack of institutional reforms. 

The law itself is supposed to advance the positive cause of our social interest. Any law that deviates from this cause and purpose is repugnant and needs be repudiated.

Lord Bingham on the Rule of Law:

https://www.youtube.com/watch?v=XlMCCGD2TeM