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2011 WAEC Government Theory What are the limitations to the application of rule of law?

Government
WAEC 2011

What are the limitations to the application of rule of law?

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Explanation

Limitations to the application of Rule of law:                                                                                                                                                              (i)State of emergency: If a country is in crises or about to fight a war, state of emergency could be declared.

(ii) Immunity of heads of state: They may not be sued or made to appear in court. This privilege is not extended to other citizens.

(iii) Diplomatic immunity: Diplomats cannot be prosecuted in the country where they are residing as accredited representatives of their countries.

(iv) Parliamentary immunity: The law-makers are immune from prosecution for all utterances, actions or statements made in parliament.

(v) Special Administrative Tribunals: Establishment of extra-judicial bodies to try cases negates the principle of Rule of law.

(vi) Delayed justice: Justice delayed is agreed to be justice denied. Some individuals spent years in custody with their cases frequently postponed.

(vii) Delegated legislation: Bodies or organizations exercising this power have often used such powers to the detriment of the application of the Rule of law.

(viii) Wealth: The rich and the privileged few often used their wealth and positions to pervert justice.

(ix) Police excesses: Unlawful detention, arrests and torture administered by the law enforcement agents e.g. the police in developing countries.

(x) Customs and traditions: In the process of trying to respect customs and traditions of a particular people, the application of the Rule of law may be neglected.

(xi) The military in politics: The intervention of the military in the political process and suspension of the constitution are limitations to the rule of law.

(xii) Security of the state: The Rule of law can be violated with impunity in a bid to main the security of a nation e.g. arrest and detention without trial, movement of people restricted, people's property confiscated, etc all for security reasons.

(xiii) Age limit and insanity: Children underage and mentally retarded cannot be prosecuted to the letter of the law.


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