The Rule of Law

1.0 Introduction (The Rule of Law)
                In any system, there will always be a medley of practical and aspirational doctrine of laws and theories. In fact, every system must have laws for today and the future. The rule of law is the tool which stays in the garden shed that awaits to be used when needed and during emergencies. The rule of law undoubtedly has no fixed meaning and different people have different interpretation of the rule of law. The rule of law is known to be the most subjective laden in society today. However, the rule of law is no modern concept but a rather ancient idea as said by Aristotle in his book, The Politics, ‘It is preferable that law should rule rather than any single one of the citizens.’
                Due to the many different interpretation of the rule of law, uncertainties of the law are created and thus leading to insecurities and eventually loopholes in the law. The rule of law may be interpreted as a philosophy or political theory which lays down basic and important requirements for law, or as a procedural device which limits the government’s power. The rule of law controls the state’s powers as stated in R v Chief Constable of Cheshire Police. In this case, the court declared that the police had no lawful power to revoke a certificate because the Pedlars Act 1871 had no provision to such actions.
                The rule of law ensures that every person irrespective of gender, age and social status be subject to the law. For instance, Article 5(2) of the European Convention on Human Rights states that ‘Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him’. This is to make state officials legally accountable for their actions because by right, they are supposed to justify their actions legally when interfering with individual freedoms. As from the citizen’s point of view, the rule of law is prescriptive (dictating the...