The Rule of Law presupposes that all men are equal before the law. But in practice, this is not always true. Discuss.
Explanation
The Rule of law presupposes that all men are equal before the law, but in practice, this is not always true. This can be confirmed by considering the following points:
(i) Immunity of the Head of state: Some powers conferred and exercised by Heads of states make equality before the law impossible.
(ii) Brutality by the law enforcement agents: In some countries, the law enforcement agents (e.g. the police) arrest, torture and detain citizens indiscriminately. This is contrary to the concept of the rule of law which demands that citizens should have the right to a fair hearing and that only the courts have the final say about the offence committed by the individual.
(iii) Diplomatic immunity: Diplomats representing their countries in different parts of the world cannot be prosecuted in the countries where they are serving, but can be repatriated. This is a negation of the rule of law.
(iv) Parliamentary immunity: Members of the parliament cannot be sued or prosecuted. They have immunity. Actions or statements inimical to the law of the state, made in the House or. Parliament may not attract any legal action against them. In this wise, they are not equal with other citizens before the law.
(v) Type of government: A one party state is known to operate with laws inimical to the rule of law. The Head of state may have the power to arrest or detain citizens even without trial.
(vi) Official misuse of powers: Some government officials may possess extra powers needed to execute most of their functions effectively. In the process, most of them, have misused such powers given them. This undermines the application of the rule of law.
(vii) Customs and traditions: In an attempt to respect the customs and traditions of the people, equality for all may be abused.
(viii) Economic wealth: Some individuals with enormous economic wealth can circumvent or use their positions to make equality before the law unworkable, Also, they can use such powers to influence justice.
(ix). Corruption: Absence of honest and impartial judiciary may make nonsense of the equality before the law.
(x). Illiteracy, ignorance and poverty etc are ingredients of inequality before the law in the society.