Who is above the law Essay Example | Topics and Well Written Essays - 500 words

Who is above the law - Essay Example The Rule of Law is unarguably the cornerstone of a democratic society and its’ basic tenet is the acknowledgement that the law is supreme. The law itself reflects the will of the citizens, and the judiciary is authorized to hold all government officials accountable for their actions. It is encapsulated in the conviction that â€Å"no man is above the law† (Dicey, qtd. in Li). Its’ major principles are (a) The law is the regulator of government power. (b) All men are equal before the law. (c) The law is based on a judicial system which uses fair, transparent, consistent and documented procedures and decisions. In certain circumstances, individuals are held to be free from liability to answer to the law. This legal status is referred to as ‘immunity from the law,’ and includes: diplomatic immunity, conferred on government representatives on foreign soil; sovereign immunity, which originated with kings and now includes the federal government and its’ officials; judicial immunity, which protects a judge from liability for his decisions. Immunity is also extended to witnesses in exchange for their assistance during a trial (Criminal Law Web site). As a rule, officials are granted ‘qualified immunity,’ which shields them from prosecution when they act in good faith. The advocates of immunity allege that it is essential to shield government officials from the law, so that they can execute their duties and make decisions based on the evaluation of the common good, without being influenced by the need to protect themselves from prosecution. Other arguments are the heavy costs of litigation against officials, the distraction of officials from their duties, their hesitancy to exercise independent judgment and the discouragement of capable people from joining government service (everything2 Web site). Contrary to the above arguments, it is only when every government