Requirements for the Validity of the Rule of Law
Over the years, the following basic points have been recognized as means of identifying the successful application of the Rule of Law in any given jurisdiction. These include:
- Law should be prospective in its effects.
- The Law in such countries should be certain, clear and publicly known.
- Laws should be general and making of particular legal orders should be guided and constrained by general laws.
- The judiciary should be independent and easily accessible.
From the basic concept of the rule of law so far discussed, it is clear that as a constitutional concept, it is desirable. The utility value cannot be overestimated otherwise, there would be chaos.
Summarily, the concept of the “Rule of Law” as formulated by different writers, jurists and Legal Philosophers means the follows:The officials must obey the legal rules in their actions;
The legal rules out the arbitrary discretion of officials.