Question 7
(a) List the three features of the rule of law
(b) State four hindrances to the application of rule of law in the society.
Observation
Candidates’ performance in this question was poor. Majority of the candidates avoided this question and those who attempted it lacked mastery of this topic. However, those who were prepared maxed out the total points obtainable as they showed they were experts in the knowledge of the subject matter. In general, the (a) part was a bit of a challenge to candidates and the (b) part was less challenging to them. Points candidates were to take note of are
- Supremacy of the law.
- Equality before the law.
- Respect for human rights.
- Application of due process of regular laws/ absence of arbitrary rule/law or arbitrariness in the application of the law.
b. Hindrances to the application of rule of law in the society
- Dictatorial forms of government.
- Lack of judicial independence.
- Declaration of state of emergency.
- Immunity enjoyed by some public officials’ such as judges, presidents, governors, ambassadors etc.
- Use of special courts for some cases e.g tribunal.
- Corruption on the part of judicial officials.
- Illiteracy.
- Poverty.
- Absence of press freedom.
- Outbreak of contagious disease/epidemic.