The Rule of Law

Question 1

Define the term rule of law and provide an example.

Answer 1

The rule of law is a fundamental democratic law which stipulates that power must be exercised in accordance with the law so that everyone is treated equally before the law.

Question 2

What are the four elements of rule of law?

Answer 2

Protection of fundamental human rights

Equality before the law (justice is blind)

The constitution is supreme - everyone (people, government and private organisations) are bound by the constitution.

Parliament is sovereign - the democratically elected parliament can override laws made by the executive and judiciary to ensure checks and balances on power.

Question 3

What is the importance of the rule of law?

Answer 3

• Ensures that the government is under the law, prevents abuse of power and stops corruption, hence it facilitates a cohesive and harmonious society.
• Predictability: certainty about what the law is and the overall outcome of breaching the law.

Question 4

What is an arbitrary government?

Answer 4

A government that infringes upon the rights of it’s people, such as Adolf Hitler’s government.