JAMB 2024 Government · Question 45

Which of the following is a basic feature of the rule of law?

Options

  1. A.Secret trial of offenders
  2. B.Unlimited power of the executive
  3. C.Dependent judiciary
  4. D.Equality before the law

Answer: D. Equality before the law

Explanation written with AI and checked against the answer key

1. Analyze the question You are asked to pick the feature that is basic to the rule of law. Three options describe the opposite of what the rule of law stands for, so this is a matter of eliminating the wrong ones.

2. The concept The rule of law means that everyone, including government officials, is subject to the law and is governed by it, not by the whims of individuals. The idea was developed by A.V. Dicey, who identified three main principles:

  • Supremacy of the law: no one is punished except for a breach of the law, established through proper legal procedure. There is no arbitrary power.
  • Equality before the law: all persons, rich or poor, ruler or citizen, are subject to the same laws and courts.
  • Predominance of legal spirit: individual rights are protected by the ordinary courts and the constitution.

Other features include an independent judiciary, fair and public hearing, and protection of fundamental human rights.

3. Step-by-step solution

  • A. Secret trial of offenders: Wrong. The rule of law requires a fair and public hearing. Secret trials encourage injustice.
  • B. Unlimited power of the executive: Wrong. The rule of law limits government power and prevents arbitrariness. Unlimited power is characteristic of dictatorship.
  • C. Dependent judiciary: Wrong. The rule of law requires an independent judiciary, free from interference by the executive or legislature.
  • D. Equality before the law: Correct. This is one of Dicey's core principles. Everyone, including the President, governors, and ordinary citizens, is answerable to the same law.

4. Answer The correct option is D. Equality before the law.

5. Exam tip For "features of the rule of law" questions, remember the key words: equality, independent judiciary, fair hearing, human rights, supremacy of law. Any option containing words like secret, unlimited, dependent, arbitrary, or above the law is almost always wrong. Keep going, you are doing well!

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