Rule of law

1448 Words6 Pages
1.0 Introduction

The rule of law is fundamental in any society where human rights are to be protected. The word rule comes from “règle” and law from “lagu” roughly translating to “supremacy of law”.1It is a mechanism for safeguarding human rights by guaranteeing them legally and at the same time providing a means for redressal where violations occur.

The most important application of the rule of law is the principle that government authority is legitimately exercised in accordance with established procedural steps that are referred as to due process. The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader. Thus, the rule of law is hostile both to dictatorship and to anarchy.
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In a democracy like Mauritius, fundamental rights and freedoms are entrenched in chapter two, sub-sections 3-16 of the constitution. The provisions guaranteeing fundamental rights and freedoms are modeled on the European Convention of Human Rights.
The case of DPP V Mootoocarpen & ors shows the influence of the European Convention on the Constitutional Law of Mauritius. Great importance has been placed on international conventions and their implementation in order to ensure obedience to a universal standard of acceptability (National Human Rights Commission- NHRC).
Another reason for its importance is that the rule of law promotes the expression of a collective will. Law is a means by which the collective will of the people is expressed. Our Constitution enshrines the basic human rights and civil rights that people want protected

Another reason for its importance is that the rule of law promotes the expression of a collective will. Law is a means by which the collective will of the people is expressed. Our Constitution enshrines the basic human rights and civil rights that people want protected.
The principle of the rule of law is also said to be important as it upholds a monopoly on the legitimate use of force. Democracy depends on an effective state. The Constitution and statutes give the state the monopoly on the use of force.
In addition, the adoption of the

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