WAEC Government 2011 Theory — Question 4

Model answer

Rule of law is the supremacy of the law - both the government and the governed are bound by the provisions of the law, and nobody can act beyond the provisions of the law (A.V. Dicey, 1885). Limitations to its application include: i. Diplomatic immunity: foreign diplomats cannot be tried for crimes in their host country, only asked to leave. ii. State of emergency: rights of the people are usually curtailed during a state of emergency, such as war. iii. Tribunals: administrative tribunals give rulings on judicial matters, which violates the principle of rule of law. iv. Authoritarian government: under military government there is an absence of respect for the rights of the people, and the military junta rather than the rule of law is supreme.