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What is the Rule of Law (RoL)?

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Downloads to date: N/A | Words: 2600 | Submitted: 2009-05-11

The Rule of Law(RoL) represents a symbolic ideal against which proponents of widely divergent political persuasions measure and criticize the shortcomings of contemporary State practice(1). It represents one of the most challenging concepts of the constitution. The essence of the RoL is that of the supremacy of law over man. It insists that every person be subject to law. Due to the lack of precisions in the actual meaning of the concept, it is capable of interpretations by different people and this feature makes an understanding of the doctrine exclusive(1).
Modern versions of the RoL tend to b formulated in broad political language embracing concept such as ‘justice’, ‘the rights of man’, ‘fundamental freedoms’ etc. They tend to be too vague to serve as quality test for the democratic behaviour of governments. An example is in the Declaration of Delhi 1959:
‘ The RoL means the principles, institutions and procedures, not always identical, but broadly similar, which the experience and tradition of lawyers in different countries of the world, often having themselves varying political structures and economic backgrounds, have shown to be important to protect to the individuals from arbitrary government and enable him to enjoy the dignity of man.’(2)
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