Protection under the rule of law

Attorney Kanisa George -
Attorney Kanisa George -

KANISA GEORGE

The internet was abuzz last week after news broke of President Donald Trump's impeachment. In a bid to take control of their democratic sovereignty propounded by the United State Constitution, the House of Representative did something no other House had done – impeached a US President twice.

An inescapable blow to his legacy as President, Democratic Congresswoman Ilhan Omar described Trump's impeachment as an "act of accountability" that would create a pathway towards justice and unity. But it was the words of House Speaker Nancy Pelosi that eulogised the impact of this process, which illustrated the supremacy of democracy over individual power: "Today, in a bipartisan way, the House demonstrated that no one is above the law – not even the President of the United States."

Being the "leader of the free world" comes with a few perks, but not even the holder of that self-proclaimed office has ultimate power and defiance against the Constitution. In fact, the very purpose of impeachment proceedings is to provide an appropriate remedy that guarantees that no one, not even the President, is above the law.

Initiating articles of impeachment is the constitutional process where the House of Representatives brings charges against a civil officer in government. If successful, the President could be convicted and removed from office.

Likewise, enshrined in the spirit of most democratic countries is the solemnity of the rule of law. Put simply, the rule of law means that no one is above the law and its primary function is to place all individuals on equal footing as it relates to representation, accountability, and access to justice.

Some say an essential facet of the rule of law is that irrespective of position or rank, once in contravention of the law you would be made to face the consequences. One legal writer posits that the rule of law is a term of political philosophy or institutional morality, and it conveys the idea of government not ruled by man but laws. This adds to the point that you would always be accountable to the law no matter who you are.

The rule of law, to some, is used to constrain the abuse of official power, as it acts as a basis for the control of de facto arbitrary powers and defence of fundamental constitutional principles. In essence, it protects citizens' right to legal certainty regarding interference with their liberties by guaranteeing access to justice and procedural fairness.

Simply read the beginning of the TT Constitution and you would immediately get a sense of the protection it seeks to afford and the rights it has been crafted to protect. Part (d) of the commencement aims to recognise that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values, and the rule of law. At the heart of our Constitution, is the rule of law and the protection of democratic rights.

For the rule of law to be effective, there must be equality under the law, transparency of law, an independent judiciary, and legal remedy access. Yet, according to LexisNexis, about 57 per cent of the world's population lives outside the shelter of the law. This figure accounts for five billion people daily struggling for basic human rights.

In countries like Pakistan, Cambodia, and neighbouring Venezuela, the rule of law's virtual non-existence is the main obstacle in the struggle for equity and against poverty. The World Justice Project Rule of Law index suggests that corruption and bribery are every-day problems that hinder socio-economic development.

In some places like Myanmar, high unemployment rates among women have forced many of them into prostitution, while others are victims of sex trafficking. The United Nations Development Programme affirms that in crisis-affected settings, the rule of law, access to justice and human rights are essential to mitigate the root causes of violent conflict and prevent human rights violations.

Without the rule of law, societies can't achieve the basic principles of humanity and anomie would be the order of the day.

The rule of law is a doctrine that in many ways, protects our fundamental right to live. And while our society, like most, experiences the ills of human existence and corruption, we are still privileged to live in a society where every creed and race could find an equal place. And that is the true measure of the rule of law.

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"Protection under the rule of law"

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