Chapter six

Rule of Law
The rule of law is a situation in which people including the government authorities are bound
by the law of a country. No one can be above the law. All citizens respect the law and are
governed by it.

On the contrary, there are countries in which the authorities are not under the law. They act
above the law. This leads to authoritarian rule. They respect or violate the law whenever they
want to use the law for their personal wishes and wants. Thus, this leads to the rule of men,
not the rule of law.

In democratic countries, there is rule of law. All people including government officials are
under the law. When they go against the law, they will be questioned.

The Importance of Rule of Law

- Provides security: it means the rights of individuals and groups will be respected.

Besides, the property will be protected.

- Provides governing conducts: where there is rule of law, the individuals and groups of
people would behave in accordance to the law. This could be reflected in work place,
relations among people, etc.
- For the existence of democratic and human rights: where there is rule of law,
democracy could be exercise.

The Absence of Rule of Law

- The relationship between the people and the government would not be strengthened.
- If there is no rule of, there will not be justice. The absence of justice would in turn
result in instability.
- The people would not feel secure.
- There will be corruption

6.1 The Sources of Rule of Law

There are certain sources of rule of law. These are:

i) Constitution: it is the supreme law. It states the political, economic and social
activities to be done by the people and the government also shows the relationship that exists
between the people and the government.

ii) Domestic Laws: these are laws that are specific. These domestic laws have great
value maintaining the rule of law.

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 These laws are of two types:

1) Civil Laws: these are laws related to administrative matters like inheritance,
marriage etc.

2) Criminal Law: this is a body of law that is related to criminal acts like beating,
killing etc.

iii) International Law: this kind of law regulates the relationship that exists between
countries of the world. This law helps countries have peaceful relations between them. Thus,
this law enables countries to co-exist peacefully and cooperate in the political and economic
activities.

6.2 The Power of Government

The power of a government is dictated by law. In relation to this, there are two types of
government. These are limited and unlimited government.

6.2.1 Limited Government

This is a type of government in which its power is restricted by the constitution of a country.
This is usually exercised by a democratic government. The rights and duties of people
including officials is limited by the law formulated in the constitution.

6.2.2 Unlimited Government

This is a type of government which does not limit power as stipulated in a constitution. This
kind of government is undemocratic. Thus, it could be monarch or other dictator.

6.2.3 Methods of Limited the Power of a government

Different methods of controlling the power of a government have been exercised by different
countries. Some of these are:

6.2.3.1 Separation of Power

This is a method in which power is shared by the different bodies. These are the legislative,
executive and the judicial branches.

6.2.3.2 Check and Balance

The above three state organs have equal power and responsibility. No organ is more powerful
than the other. For this, check and balance is the technique that is employed by a constitution.
Each organ has the power different from another. Also, each organ is mandated by the
constitution to check the powers of the other organs.

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 6.3 Corruption and its Impacts
It is an unlawful way of maximising one’s individual interest. Corruption is one of the
manifestations of breaking of the rule of law. It is the advancement of one’s own benefits at
the expense of others.

Corruption is manifested in many ways. Some of these are embezzlement, bribe and
nepotism. We will see each of these illegal acts in detail.

6.3.1 Nepotism: this refers to the actions in which individuals who hold some
power favour their relatives. This often done at the expense of other citizens creating
favourable situations for some financial benefit is also nepotism. These and other types of
nepotism are done to benefit one’s relatives or to benefit people who have some martial ties
with them.

It affects the economy of a country by letting people exploit its financial wealth. It also
weakens the quality of work because of who holds positions they do not qualify for.

6.3.2 Embezzlement: this is wrongly and illegally using money, which is at

one’s responsibility, for personal enrichment. This illegal act is manifested in many ways. It
could be done by misappropriating revenue gained for one’s own benefit. It could also be
reflected by using the money that is allotted for some work for personal benefit.

6.3.3 Abuse of Power: this is a form of corruption. It is using one’s position to

benefit oneself. This excessive use of power is reflected in activities like arranging the
situation to get scholarship, promotion etc. for oneself.

It could also include the use of one’s power to amass wealth. These abuses of power are
beyond what prescribed for the position. It is surpassing ones power or position to benefit one
self.

Causes of corruption
One of the causes of corruption is the presence of some people, in government of fices, who
do not have the qualification for the post. These people might have come to such power due
to nepotism. Thus, they do not have the knowledge or skill to run the work given to them,
hide their deficiency, and to escape from challenge they exercise their power
undemocratically.

The other cause of corruption is the presence of some people who are too selfish to have no
care about national interest. They take away the money they have access to for their personal
enrichment. They also take bribes. Besides, where there is no efficient and democratic system
in administration, people will often engage themselves in corrupt practices. If there is no
democracy that maintains the rights of citizens, there will be corruption. When the
bureaucracy is not efficiently organized, corruption will be rampant.

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