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...be prepared first to look at the evidence and to recognize how little the widespread use of prison reduces our crime or deals effectively with many of the individuals concerned. [The rule of law does not mean] our own pet prejudices. It means, in a democratic society, the law as passed by an elected Parliament and applied by impartial courts. You cannot have a rule of law while dismissing with disparagement Parliament, the courts and those who practise in them. That is not the rule of law. It is exactly what the pressure groups you complain about seek to achieve by demonstration.
Dear all, the rule of law is not something you can declare, decree even in the Constitution. It is an attribute of some form of social organization. The fundamental element in this type of organization is with the balance of power. If a certain social force enjoys a great superiority, it will always instrumentally dominate the law. It will always bring it under its own control. There is no other way. It is the balance that is needed.
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From the fact that the rule of law is a limitation upon all legislation, it follows that it cannot itself be a law in the same sense as the laws passed by the legislator. Constitutional provisions may make infringements of the rule of law more difficult. They may help to prevent inadvertent infringements by routine legislation. But the ultimate legislator can never limit his own powers by law, because he can always abrogate any law he has made. The rule of law is therefore not a rule of the law, but a rule concerning what the law ought to be, a meta-legal doctrine or a political ideal. It will be effective only in so far as the legislator feels bound by it. In a democracy this means that it will not prevail unless it forms part of the moral tradition of the community, a common ideal shared and unquestioningly accepted by the majority.
In a world divided by differences of nationality, race, colour, religion and wealth [the Rule of Law] is one of the greatest unifying factors, perhaps the greatest, the nearest we are likely to approach to a universal secular religion. It remains an ideal, but an ideal worth striving for, in the interests of good government and peace, at home and in the world at large.
Modern Englishmen may at first feel some surprise that the "rule of law" (in the sense in which we are now using the term) should be considered as in any way a peculiarity of English institutions, since, at the present day, it may seem to be not so much the property of any one nation as a trait common to every civilised and orderly state. Yet, even if we confine our observation to the existing condition of Europe, we shall soon be convinced that the "rule of law" even in this narrow sense is peculiar to England, or to those countries which, like the United States of America, have inherited English traditions. In almost every continental community the executive exercises far wider discretionary authority in the matter of arrest, of temporary imprisonment, of expulsion from its territory, and the like, than is either legally claimed or in fact exerted by the government in England; and a study of European politics now and again reminds English readers that wherever there is discretion there is room for arbitrariness, and that in a republic no less than under a monarchy discretionary authority on the part of the government must mean insecurity for legal freedom on the part of its subjects.
Rule of law is inferior to the rule of living intelligence because laws, owing to their generality, cannot determine wisely what is right and proper in all circumstances given the infinite variety of circumstances: only the wise man on the spot could correctly decide what is right and proper in the circumstances. [...] All laws, written or unwritten, are poor substitutes but indispensable substitutes for the individual rulings by wise men. They are crude rules of thumb which are sufficient for the large majority of cases: they treat human beings as if they were members of a herd.
Our struggle for democracy has been carried out with a strong grasp on the principle of nonviolence. And also, we believe in the rule of law. So if you ask how do we propose to resolve all of these problems of violence between communities, between different ethnic groups, we've got to start with rule of law. People have to feel secure before they can start talking to one another. We cannot achieve harmony without security. People who feel threatened are not going to sit down and sort out their problems. So I would like to recommend, as the chair of the Rule of Law and Tranquility Committee -- don't forget that tranquility is also included -- that the government should look to rule of law. It is the duty of the government to make all our people feel secure, and it is the duty of our people to learn to live in harmony with one another.
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Until that point (where national unity prevails) is reached, the journey to it must be seen and appreciated for what it is: in a society such as ours where divisions exist both inter-ethnically and within communities the process of nation building of which the rule of law is an integral part requires a deft balancing of priorities in a fair and inclusive manner. This allows everyone to be a part of the challenges that we need to face together. The path to this point has been tortuous and at times strained because we have invariably compromised some of the detail of the rule of law by honouring the letter if not the spirit of the decisions handed down by the courts. However, it has also been a critical learning experience where we have had to combine political reality with legal principle. The result is an imperfect one but the rule of law is stronger for having weathered these sustained assaults on it.
The Nigerian judiciary in the past has been one of the greatest in the world, but it is time to relive and embrace the rule of law in its entirety. It seems only lip service is paid to this great doctrine. It is essential that the rule of law must be observed in order for society to run smoothly, otherwise the beauty of democracy will elude us.
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