RULE OF LAW

• Rule of law is derived from french phrase “ La principle de legalite” mean government
based on principle of law. Therefore the rule of law mean a Supremacy of law over man .
As ARISTOTLE who wrote “law should govern”explained in the Fourth Century B.C, the
rule of law is to be preferred to that any individual.The rule of law theory was expanded
by A.V.DICEY and his theory remains the most popular.the Dicey’s theory has the three
pillars on the concept that:
• (a) Supremacy of regular law as opposed to the influence of arbitrary powers.i.e the
rule of law not the rule of man.
• (b) No man is above the law.
• (c) The right to individual liberty is part of constitution because it is secured by the
decision of court.i.e individual right are secured by judiciary.
Rule of law it provide protection to the people against the wrong action of Administrative
authority.Rule of law is a legal principle that law should govern a nation as opposed to arbitrary
decisions by individual government officials.
ELEMENT OF RULE OF LAW
• Supremacy of law .(No man is punishable or can lawfully be made to suffer in body or goods
except for distinct breach of law.)
• Equality before the law. (no man is above the law)
• Predominance of legal spirit
SUPREMACY OF LAW
• Is the supremacy of law over the wrong action of government. It mean administrative action
should be taken according to law. In case of Satvant Singh Sawhney V D.Ramarathanana
AIR (1967) SC 1836, 33. In supreme court. Held that: Every executive action if operates to
the prejudice of any person must be Supported by some legislation authority.
EQUALITY BEFORE THE LAW
• Is the principle is that all people must be equally protected by the law. Eg in the issue of
employment or security etc.the principle of equality before the law seeks to ensure that the
law is administered and enforced in manner. It is not enough to have a fair law but the law
must be applied in a just manner as well.The law cannot discriminate between people in
matters of Sex,religion,race etc. In secretary,State of Karnataka and Ors V Umadevi and Ors
AIR (2006) SC 1806 .A constitution bench of this court laid down the law in the following
terms:“Thus, it is clear that adherence to the rule of equality in employment is a basic
feature of our constitution and since the rule of law is the core of our constitution.
PREDOMINANCE OF LEGAL SPIRIT
Is General principle Of the constitution Are the result of judicial Decision to Determined file
rights of private person in particular cases brought before the court.The court are enforcers
of the rule of law and they must be both Impartial and free from all external influences. Thus
The freedom of off judicial becomes an important pilla To the rule of law.
APPLICABILITY OF RULE OF LAW IN TANZANIA
This concept of the rule of law as propounded by DICEY has been codified in Tanzania
Constitution under the following Articles:
• Article 12(1),(2)
• Article 13 (1),(2),(3),(4),(5),(6) (a),(b),(c),(d),(e).
• Article 29(2)
• Article 64(5)
• Article 26(1),(2).
APPLICABILITY OF RULE OF LAW IN ZANZIBAR
This concept of the rule of law as propounded by DICEY has been cordified in Zanzibar
Constitution under the following sections:
• Section 11(1),(2)
• Section 12(1),(2),(3),(4),(5),(6) (a),(b),(c),(d),(e),(f).
• Section 4
• Section 23
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GAZA ZONE