LG13 Rule of Law

ANRS
TVED
BUREAU
MASONRY
LEVEL II
Learning guide -10

Unit of Competence: Apply the Rule of Law
Module Title: Applying the Rule of
Law
LG Code: TVET CEE2 M13 LO1-3 1
TTLM Code: TVET CEE2 TTLM13 08 17v1
Instruction Sheet Learning Guide #13
This learning guide is developed to provide you the necessary information regarding
the following content coverage and topics –
 The concept of the rule of law
 Prevention and management of conflict
 The application of the rule of law
This guide will also assist you to attain the learning outcome stated in the cover
page. Specifically, upon completion of this Learning Guide, you will be able to –
 Explain the concept and sources of rule of law
 List the importance of rule of law
 Compare limited and unlimited governments
 Work to prevent and manage conflict
 Identify mechanisms of conflict management
 Demonstrate the role of individuals and groups in the fight against corruption
Learning instructions:
1. Read the specific objectives of this learning guide.
2. Follow the instructions described below
3. Read the information written in the “information sheets”. Try to understand what
are being discussed. Ask you teacher for assistance if you have hard time
understanding them.
4. Accomplish the “self-checks". In each information sheets.
5. Ask from your teacher the key to correction (key answers) or you can request
your teacher to correct your work. (you are to get the key answer only after you
finished answering the self-checks).
6. If you earned a satisfactory evaluation proceed to “operation sheets and lap tests
if any”. However, if your rating is unsatisfactory, see your teacher for further
instructions or go back to learning activity.
7. After you accomplish operation sheets and lap tests, ensure you have a formative
assessment and get a satisfactory result;
8. Then proceed to the next information sheet.
Learning Guide for MASONRY Date: August 2017

LEVEL II
Author: ANRS TVED BUREAU Page 1 of 18
Version: 1 Revision: 0
Information Sheet-1 The Concept of the Rule of Law
The Concept and the Sources of Rule of Law

The Rule of law means that no one is above the law. The Rule of laws says that the
power should be assumed in accordance with constitutional provisions. The rule of
law prohibits government officials at all levels from taking action in violation of the
law of the land and against the basic rights of citizens. In a system where there is
rule of law, government and citizens act only in accordance with the constitution. The
relations between the government and the people and among government organs
are all to be regulated by the rule of law. Without the rule of law citizens day to day
interactions would not be normal and there could not be place and stability in the
society. Here every citizen is required to respect the rule of law for his/her own self-
interest. The rule of law is measured by the conformity of the legal system to such
standards as independent and impartial judiciary, impartial laws, public laws and the
likes.
The Importance of Rule of Law

 Brings peaceful life in a society because it regulates individual and
group relationship in the society.
 Provides that state power can only assumed through democratic, free
fair election.
 Prohibits any government official to violate basic rights of citizens.
 Provides that everyone, whatever his/her wealth, rank or condition, is
subject to ordinary law and jurisdiction of ordinary courts.
 Makes both the government and citizens to act only in accordance
with the constitution.
 Promotes the common good of the society according to which all
citizens are guided.
 Everything will be done according to the established rules regulations
and procedures thus there could not be arbitrariness.
 Creates a predictable environment (you can predict what will happen
tomorrow)
 By bringing order stable and peaceful life to society results in
economic, social and political development
The Effect of the Absence of the Rule of Law
The lack of respect for the rule of the country brings the following problems:
 The emergence of unlimited government power i.e. the government
would became dictator that jeopardizing freedom of citizens
LEVEL II
 Mutual reception and tolerance among social groups may be destroyed
 There would be conflict and instability
 Arbitrariness and lawlessness
 Disorder and destruction
 Insecurity of citizens
 There would be disregard to the legally established and fair procedures
necessary to take action or resolve conflicts
 There would not be independent judiciary
For the prevalence of the rule of law both the government and citizens must respect
the constitution and the laws of the country. In addition they should also promote the
common goods of the society.
The Nature of Limited and Unlimited Governments
 Limited Government
Limited government is a government whose power is restricted constitutionally. The
action taken, the decisions passed and the laws and rules issued are in accordance
with the principles and values set by the constitution. The strict observance of the
constitution by the government is called constitutionalism. A country with a limited
government is exercise constitutionalism. Constitutionalism is a political doctrine that
indicates state ideology to uphold rule of law in an environment of democratic
governance. Limited government is characterized by the following:
a) Decentralization of power
b) Imposition of other restraints on the power of the government
c) Absence of arbitrary power and protection of basic freedoms of citizens, etc.
Ways that limit the power of the government are transparency, accountability,
protection of human and democratic rights and the check-and-balance between the
three organs of the government (legislative, executive and judiciary). In constitutional
democracy the power of the government is limited by:-
 The principle of the rule of law
 The principle of due process of law
 The adoption of democratic norms and
 The constitutional guarantee of basic right and freedoms
 Unlimited Government
Unlimited government is undemocratic and it is characterized by:
a) No limitation on the state’s power
b) A concentration of power on the higher officials/leaders
Unlimited government expresses itself basically through dictatorship. Dictatorial
governments govern the country and the people based on the will of the leaders not
on the basis democratic constitution. Dictatorial government is expansionist and
violates private rights. Dictatorship connotes in essence an unlimited government
which is the antithesis of rule of law .The world has evidenced this type of
governments such as fascist Italy under Benito Mussolini, Nazi Germany under
Adolph Hitler and Spain Under General Franco.
.
LEVEL II
Self-Check 1 Written Test
Directions: Answer all the questions listed below. Use the Answer sheet provided
in the next page:
1. Which one of the following is responsible for the prevalence of the rule of law?
(3pts)
A) The government C) A&B
B) The people D) None
2. Identify the effect of the absence of the rule of law? (3pts)
A) Brings peaceful life in a society
B) Provides peaceful transition of power
C) Protects basic rights of citizens
D) Makes people to be treated differently before the law
3. Which one of the following is the benefit of the rule of law? (3pts)
A) Arbitrariness B) Lawlessness C) Stability D) Destruction
4. Identify the characteristics of limited government? (3pts)
A) Decentralization of power
B) Protection of individual rights
C) Protection of group rights
D) All
Note: Satisfactory rating - 6 points

Unsatisfactory - below 6 points

LEVEL II
Information Sheet 2 Prevention and Management of Conflict
The Concept, Cause and Effect of Conflict

A conflict means disagreements that rise due to differences that can result from
divergence of interests in a society. The term conflict can also be defined as a
disagreement between two or more persons or work groups, resulting from an
incompatibility of goals, resources expectations, perceptions or values. The
existence of conflict was regarded as a sign that something had gone wrong and it
needs to be corrected.
Conflict happen in the normal course of social interaction. Conflict comes from
multitude of sources and it can happen at personal and organizational level.
Organizational conflict is a disagreement between two or more organization
members or groups. Conflict can be presented at any time when people are together
because they have different personal ambitions, attitudes and goals, loyalties,
departmental budget demands on scarce resources, organizational goals, and so
forth. Conflict is inevitable in any home or work place, but it should not be destructive
force. The earlier traditional view of conflict considered it as harmful destructive and
unnecessary, but if properly managed and resolved it is important for social
development.
Moderate conflict is necessary for effective performance because peaceful and

cohesive group have sometimes become static to create innovative ideas, thus
resulting in decrease of production. But moderate conflict keeps the group alive,
initiative, self-critical thinking and promotes creativity. This situation motivates group
members to work more efficiently towards achieving goals, thereby increasing the
group’s productivity. So, management is usually encouraged to maintain such level
of conflict. Functional conflict is considered as a necessary instrument for change
and progress.
However, when the level of conflict is extremely high organizational performance

suffers because of inadequate coordination and cooperation. Organization should
provide and implement adequate management policies, process and practices in the
working environment to encourage the effective resolution and management of
conflict.
The Mechanisms to Prevent and Manage Conflict

Rule of law helps to prevent and manage conflict through legal means and
established procedures before the conflict turns into violence and anarchy.
Identifying the commonly shared values, interests and goals is an important skill
required for proper management and resolution of conflicts within society.There are
various mechanisms by which conflict can be managed and resolved. They could be
formal and informal mechanisms.
The Formal Mechanism to Prevent and Manage Conflict

LEVEL II
Litigation is the main mechanism in resolving conflicts in the legal system. Litigation
is a process of conflict resolution in a court, which is part of the state machinery.
Once a case is filed in court the whole proceeding until it is resolved is what we call
litigation. Therefore, it is legal action or contest in a court of law for purpose of
enforcing a right or seeking a remedy. Rule of law is important to proper
management and resolution of conflict. Procedural justice is one aspect of the rule of
law. The procedure that we should follow in resolving a given conflict, must be just,
fair and reasonable. This helps us to properly apply the rule of law to conflict
management in a society. In Ethiopia procedural justice is a guarantee for procedural
fairness, which follows from the provisions of both FDRE and Regional state
constitution. The minimum procedural justice is that parties to the conflict whose
rights are affected have the right to be heard.
The Informal Mechanisms to Prevent and Manage Conflict

Informal mechanisms or alternative means of conflict management are less costly
and more speedy. These are negotiation, mediation and arbitration.
I. Negotiation; - it is one of the most common peaceful ways of setting a
dispute. It involves direct discussion between or among the parties to the
dispute with the objectives of reaching an agreement. In this process, no
third person is involved and the parties to the conflict will finally conclude
an agreement.
II. Mediation; - it is another mechanism to resolve a dispute fairly and
peacefully. Mediation is a method of non- binding dispute resolution
involving a neutral third party who tries to help the disputing parties reach
a mutually agreeable solution. It is a procedure involving the suggestions
of terms of settlement by a third party. Mediation also used at
international level for a conflict between countries. It is considered at a
friendly interference of neutral nation for the purpose of keeping the peace
between countries by adjusting their difficulties.
III. Arbitration; - it is a process of dispute resolution in which a neutral third
party (arbitrator) render a decision after a hearing. In the hearing, both
parties must be given opportunities to be heard. Parties to the conflict can
select their own arbitrator with the power to pass a binding decision. It is
an arrangement for submitting and abiding by decision of selected persons
in some disputed matter instead of taking in court. It is also intended to
avoid the formalities, the delay and the expense of litigation in courts.

LEVEL II
Instructions: Answer all the questions listed below. Illustrations may be necessary
to aid some explanations/answers. Write your answers in the sheet
provided in the next page.
1. Which one of the following is a formal mechanism for resolving conflicts?(3pts)

A) Litigation B) Negotiation C) Mediation D) Arbitration
2. Which one of the following is conflict management mechanism without the
involvement of the third party? (3pts)
A) Litigation B) Negotiation C) Mediation D) Arbitration
3. What is conflict? (4pts)

Learning Guide for MASONRY Date: agust 2017

LEVEL II
Page 7 of 18
Author: ANRS TVED BUREAU
Information Sheet 3 The Application of the Rule of Law
The Application of Rule of Law Based on the FDRE Constitution
In the past Ethiopia there was no the rule of law. Unlimited power was given to the
leaders and there was a violation of basic human rights and freedoms of citizens. The
present government in Ethiopia has initiated the process of building democratic
system. After the expiry of the transition period, the country has become a federal
republic with the new constitution. Chapter three of the FDRE constitution deals with
the recognition of fundamental rights and freedoms .The wording of many of the
provisions in this chapter resemble to the provisions of international human rights.
The day to day activities the government as well as citizens should be in line with the
constitution and other laws of the country. In democratic constitutions individual rights
are protected by constitutional laws. The judiciary has also an important role in
protecting the constitutionally guaranteed rights of individuals. The judiciary protects
the individual rights mainly through the principle of due process of law. Due process
of law means, the conduct of the legal proceedings according to established rules
and principles for the protection of and enforcement of private rights. The principle of
due process of law has some basic elements. These are:
1) Habeas corpus
2) Presumption of innocence
3) Impartial tribunal
4) Fair notice
5) Speedy and public trial
6) Right to counsel
7) Right against self-incrimination
8) Protection against double jeopardy
9) Right to appeal
The Role of Individuals and Institutions in the Fight against Corruption

Corruption is an act done using public power unlawfully and wrongly to get some
benefits for himself/herself or for another person, contrary to the duty and rights of
others. Corruption includes all forms of abuse of public position for personal gain by
receiving gifts and doing some favor to relatives. Corruption is a cause to violation of
basic human rights and obstacle to socio economic development. In Ethiopia, the
Federal Ethics and Anti-corruption commission (FEAC) was established in 2001 and
the government calls on the public at large to play its role in combating corruption and
abuse of power.
Individuals and institutions can play a great role in combating corruption. Active and
full participation of the public and unreserved commitment is required to fight
corruption. Individuals must be honest and truthful in order to combat corruption.

LEVEL II
Page 8 of 18
Transparency and accountability in government institutions is the key in the fight
against corruption.
Mechanisms of Fighting Corruption

 Political commitment: Combating corruption needs the commitment and the
will of the politicians and leaders.
 Administrative reform: To weaken corruption it is necessary to create
accessible and transparent working environment, fast and simple service
delivery mechanism.
 Transparency and accountability: The government functions should be
transparent and accountable to the people. The performance and activities of
every civil servant should be evaluated and checked based on the guidelines
of the organization.
 Legal framework: Another important mechanism in the fight of corruption is the
adoption of necessary rules and regulations that strengthen corruption
controlling mechanisms.
 Establishment of key institutions: Creating and strengthening institutions which
are directly related to the fight against corruption is essential. Auditing
institutions and Ethics and Anti-corruption Commission can be mentioned in
this regard.

LEVEL II
Page 9 of 18
Instructions: Answer all the questions listed below. Illustrations may be necessary
to aid some explanations/answers. Write your answers in the sheet
provided in the next page.
1. Explain the role of citizens in the application of the rule of law? (5pts)
2. Write elements of due process of law? (10pts)
3. Define corruption? (3pts)
4. Explain the role of citizens and institutions in the fight against corruption?
(5pts)
5. List mechanisms of fighting corruption? (5pts)


LEVEL II
Page 10 of 18
Operation Sheet 1 Role Play on Conflict Resolving
Identify the case for the role play

For example: A trainee (Daniel) lends a working tool to his classmate
(Abinet) but later Abinet returned to Daniel a broken tool.
After this the two friends disagree and entered into conflict.
List possible conflict resolving mechanisms for this case

Example: Negotiation
Mediation
Arbitration
Compare different conflict resolving mechanisms and select the one that suits
this case: Example: Mediation
Prepare the individual to mediate them
Reach an agreement and continue friendship

LEVEL II
Page 11 of 18
LAP Test Practical Demonstration
Name: _____________________________ Date: ________________

Time started: ________________________ Time finished: ________________
Instructions: Given necessary templates and materials you are required to

perform the following tasks within 3 hours.
Task 1: What do you understand by the concept of rule of law?

Task 2: Identify the causes and effects of the absence of the rule of law?
Task 3: Describe the necessity of the rule of law for peace, security and
development?
Task 4: Compare the nature of limited and unlimited governments?
Task 5: Describe the significance of rule of law in the controlling of conflict?
Task 6: Compare various mechanisms of conflict management?
Task 7: How can we develop anti-corruption spirit?
Task 8: Describe the effects of corruption on social, economic and political
aspects of the country?

LEVEL II
Page 12 of 18
List of Reference Materials
Ethiopian civil service college institute of distance education (2008), conflict

management, module one
Ethiopian Civil Service College institute of distance education (2008),
understanding organizational conflict, module two
Ethiopian civil service college institute of distance education (2007),
administrative law, module one
Ethiopian civil service college institute of distance education (2007),
introduction to administrative law, module two
Ethiopian civil service college institute of distance education (2005), Ethiopian
constitutional law, module one
Ethiopian civil service college institute of distance education (2005), theories
and constitutional development in Ethiopia, module two
Ethiopian civil service college institute of distance education (2008), civil
service ethics, module one
Ethiopian civil service college institute of distance education (2008), civil
service ethics, module one
Ecbp (2006), national technical and vocational education and training (TVET)
strategy (draft for discussion)
Ministry of Education, Civics and Ethical Education, Grade 11&12 text books
The constitution of the federal democratic republic of Ethiopia (1995), Addis
Ababa
St. Mary’s university college (2004), college of open and distance learning,
civic and ethical education II (for TVET program) module 1&2
St. Mary’s university college (2006), distance education division, civic and
ethical education III(for TVET program) module 1-3

LEVEL II
Page 13 of 18
LEVEL II
Page 14 of 18
TTLM Development Manual Date: January 2012
Page 15 of 113
Revision: 2 Author: ecbp/MoE – TVET Outcome Based Training Core Process

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ANRS

Learning guide -10

Learning Guide for MASONRY Date: August 2017

The Concept and the Sources of Rule of Law

The Importance of Rule of Law

Note: Satisfactory rating - 6 points

Learning Guide for MASONRY Date: August 2017

The Concept, Cause and Effect of Conflict

Moderate conflict is necessary for effective performance because peaceful and

However, when the level of conflict is extremely high organizational performance

The Mechanisms to Prevent and Manage Conflict

The Formal Mechanism to Prevent and Manage Conflict

Learning Guide for MASONRY Date: August 2017

The Informal Mechanisms to Prevent and Manage Conflict

Learning Guide for MASONRY Date: August 2017

1. Which one of the following is a formal mechanism for resolving conflicts?(3pts)

Note: Satisfactory rating - 5 points

Learning Guide for MASONRY Date: agust 2017

The Role of Individuals and Institutions in the Fight against Corruption

Learning Guide for MASONRY Date: agust 2017

Mechanisms of Fighting Corruption

Learning Guide for MASONRY Date: agust 2017

Note: Satisfactory rating - 14 points

Learning Guide for MASONRY Date: agust 2017

Identify the case for the role play

List possible conflict resolving mechanisms for this case

Prepare the individual to mediate them

Reach an agreement and continue friendship

Learning Guide for MASONRY Date: agust 2017

Name: _____________________________ Date: ________________

Instructions: Given necessary templates and materials you are required to

Task 1: What do you understand by the concept of rule of law?

Learning Guide for MASONRY Date: agust 2017

Ethiopian civil service college institute of distance education (2008), conflict

Learning Guide for MASONRY Date: agust 2017

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