Write explanatory notes on the following:
i) Supremacy of the constitution
ii) The rule of law
iii) Identify the factors that may undermine the rule of law in a country
ANSWER
i) Supremacy of the constitution
- Supremacy of the constitution means that the constitution is the supreme law of the land. It means that it prevails over all other laws.
- It means that all other laws derive their validity from the constitution.
- The constitution embodies the basic rules and principles which a society has resolved to regulate its affairs.
(ii) The rule of law
- The concept of rule of law is a framework developed Dicey on the basis of the English legal system. It is also described as the due process.
- According to Dicey rule of law comprises three distinct conceptions namely.
- Absolute supremacy or predominance of regular law means that all acts of the state are governed law. It means that a person can only be punished for disobedience to law and nothing else.
- Equality before the law: means equal subjection of all persons before the law. It means that no person is exempted from obeying the law. All classes of persons are subjected to the same judicial process.
- The law of the constitution is a consequence and not the source of rights: means that law is a manifestation of the will of the people.
iii) Factors that may undermine the rule of law in a country
- A judiciary without independence
- Violence of whatever character for example riots, mutiny insurrection.
- Selective prosecution of suspects
- Corruption
- Poverty
- Overzealous president and ministers (disobeying court orders).