The rule of law is the principle that all persons, whether individuals, groups or governments, are subject to and must obey the law. The rule of law helps ensure fairness, transparency and accountability in society. The Five Pillars of the Rule of Law:
Accountability: This refers to the idea that those in power must be held accountable for their actions. This includes both individuals and organizations in the private and public sectors. Liability is ensured through legal mechanisms such as judicial review, administrative law and public hearings.
Fair Law: This means that the law must be fair, clear and equally applicable to all people regardless of their status or place in society. The law must also be based on the principles of fairness, human rights and due process.
Open Government: Refers to the transparency and accessibility of government decision-making processes. Governments need to be open to public scrutiny and allow citizens to participate in the decision-making process. This includes access to information, public consultations and public hearings.
Access to justice. This means that individuals and organizations must have equal access to the justice system. This includes the right to legal assistance, a fair and impartial court, and a fair trial.
Human Rights Protection: Includes the protection of fundamental human rights and freedoms such as the right to life, liberty and equality before the law. Human rights are protected through constitutional protections, international human rights treaties, and legal instruments such as the Human Rights Commission.