5 Limitations of Rule of Law

The law should be able to guide every individual and every activity in a state. According to Professor A.V. Dicey, the political leaders in charge of state affairs must adhere to the rule of law and govern the people in accordance with the provisions of the constitution of that particular country. Dicey gave three meanings to the rule of law. According to him, ”this mainly means the absolute supremacy or supremacy of ordinary laws as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, prerogatives or even broad discretion on the part of the government. The English are governed by law and by law only a man can be punished for a violation of the law, but he cannot be punished for anything else, no human being is punishable or can be legally made to suffer body or property, except for a clear violation of the law established in the ordinary legal way before the ordinary courts of the country. According to the World Justice Projects definition, the rule of law is a system in which the following four principles are respected. These are also known as the four universal principles of the rule of law: the fact that most people don`t really know that the law is the most supreme actually contributes to the restriction of the rule of law. Yes! Most people don`t really know that they can question and sue the government for breaking the law, which has essentially led to a break in the doctrine of the rule of law. The lack of patriotism is also a restriction of the rule of law, because where there is no patriotism, every citizen of the country will want to circumvent the law for a cynical purpose. This is the case in Nigeria, where almost all citizens want to have a share in the government`s corrupt practices.

An example of a country in this situation is Nigeria. The doctrine of the rule of law is already supported by the country`s constitution, but it is not feasible because leaders manipulate all sectors of the country to become stronger and stronger. (3) Delegated legislation: Delegated legislation refers to laws and regulations adopted by bodies other than parliaments. This is contrary to the rule of law. Now that you know the characteristics or characteristics of the rule of law, it is important to also know the limits of the application of the rule of law in a country. What we are about to examine are the reasons why the doctrine of the rule of law is feasible in many countries. Sixthly, personnel of the armed forces are subject only to military rules and can only be tried by military courts and not by ordinary courts. Read also: Exceptions to the rule in the case of Pinnel The fact is that; Where there is no value for the application of the doctrine of the rule of law, it is probably impossible to make this possible. Thus, for the doctrine of the rule of law to be applicable in any political system, there must be a value system that is truly receptive to the doctrine. In a country where the rule of law exists, the judiciary is usually the most powerful arm of government because it has the power to decide whether a law is valid or not. This does not really mean that the judiciary is above the law anyway. These are familiar stories in skeletal form and illustrate the commonplace that methods that the law might use can simply fail.

There are limits to what the law can accomplish because some of its tools are blunt. Some tools do not work, others are counterproductive; Some exacerbate the problem they were supposed to solve. Knowing what works and what doesn`t, and what will be counterproductive, is indeed important knowledge. Again, the implementation of a desired policy can be prohibitive and divert resources from even more important objectives that a State may wish to pursue. In some contexts, a state must also take into account the psychology of its citizens. Perhaps there is something about the Freudian idea of ”pale crime”: ”the state of one who commits a crime because of and not in spite of his forbidden status” (Scheffler 1992, pp. 70-71). [1] There could also be what David Lewis calls a ”mixing problem.” Lewis thought in particular of John Stuart Mill`s argument that truth and error can be combined into a global agreement, so that there is no way to suppress error without also suppressing truth (Lewis 2000, p. 164).

But the point can be made more general: there may be no way for a state to suppress highly undesirable activity without also interfering with such a desired activity. [2] In short, the law is limited by the instruments at its disposal and the impact that these instruments will have. We could call these ”average limits” or ”practical limits.” The law can force, it can make rules, it can decide, but you can only go so far with these tools (Fuller 1978). The law must try to do its best with the instruments available. www.unglobalcompact.org/what-is-gc/our-work/governance/rule-law Take, for example, if a country`s supreme law provides that fraud is punishable by death, people will tend to avoid fraud when they transact with someone. In this way, the doctrine of the rule of law helps to ensure that people act in accordance with the law. Here are some of the features or characteristics of the rule of law principle: A library of WJP-supported and locally managed programs that advance the rule of law around the world. If far-reaching measures in the public sector are envisaged, whether in the way of spending a large amount of money from the Ministry of Finance or participating in a major moral reform, all this means that great additional obligations are imposed on the population. In the final analysis, it is the people who have to react. They are the military power, they are the financial power, they are the moral power of the government. There is none and there can be no other.

If a general rule of action is established by law, they are the ones who must implement it. Seventh, bishops are subject to the rules of the Church and doctors remain subject to the rules of the General Medical Council. brill.com/view/journals/kjic/9/1/article-p1_1.xml#:~:text=literature%20and%20media.-,As%20defined%20by%20Black`s%20Law%20Dictionary%2C%20the%20rule%20of%20law,that%20decisions%20should%20be%20made A resource for leading organisations, model programmes, rule of law information and more. After the Glorious Revolution and under the reign of Queen Victoria, these rules were firmly established. There is no list of fundamental rights in the British Constitution and the rights of the people are protected by these rules. Fourth, foreigners and their property in England were released to some extent. This means that diplomats and embassies, foreign leaders, recognized international institutions and their staff have received certain immunities. This means that they are subject only to the law of their country and not to that of England. www.americanbar.org/groups/public_education/resources/rule-of-law, on the other hand, means that a country is subject to civil law or ordinary law, i.e. laws reasonably justified in a democratic society, as opposed to draconian, oppressive and arbitrary laws.

In other words, the rule of law as a doctrine means the observance and supremacy of civil or civilized law. www.un.org/ruleoflaw/what-is-the-rule-of-law is defined as the supremacy of law over everyone in a political system. The rule of law is considered a provision of the Constitution that emphasizes the primacy of the law, equality over the law and the existence or incorporation of the principle of individual rights. Third, Dicey said, the rule of law can be used as a formula to express the fact that, in our country, the law of the Constitution, the rules that are of course part of the Constitutional Code abroad, are not the sources, but the consequences of the rights of the individual as defined and applied by the courts. This means that the main principle of the Constitution, such as the right of personal or public assembly, was established on the basis of the old common law and not as elements derived from a general constitutional theory. Rights in short do not result from the Constitution, but from court decisions as in the famous Wilkes case. Corruption is one of the main limits of the doctrine of the rule of law. This is usually the case in Africa because most officials are corrupt and selfish. The truth is that the doctrine of the rule of law cannot be enforceable if the majority of the people who make up the government do not have the interests of the people in their hearts. They will always find a way to circumvent the doctrine and do what they feel, even if the law speaks against it.