2. Often characterized as if it comprised rules of
a game applied to everyone, serving to
regulate most if not all forms of social, political
and economic activity.
Formal Standards of Rule of Law (Fuller 1964)
•Generality
•Public promulgation
•Non-retroactivity
•Clarity and Comprehensibility
•Coherence or logical consistency
•Feasibility
•Enduring and officially obeyed

3.  Rule of law as RULE OF REASON is often contrasted with a
second, distinct archetype that emphasizes institutional restraints
on power holders, or forms of protective arrangements created so
as to insulate civil society from oppressive action by the agents of
government.
 Rule of law as CONSTITUTIONALISM, or limited government, is
often presented as emerging together with modern liberalism.
Ville 1967 – Law should be general and proscriptive in its
application, and as formulating an institutional framework
pof genuinely separate and balancing powers, is surely
foundational to later modern liberal jurisprudence.
 Constitutionalism, like the rule of law, is often times defined
as an entire body of ideals as well as rules – both written
and unwritten, legal and extra-legal – which effectively
describe rather than formulate a government and its
operation.

4.  Rule of Law is neutral in nature it changes
when it already affects the different interest
of the people.
 Politics and Power affects choice of the
majority even the law-making institutions and
the administration.
The rule of law as political rather than formal further
challenges two shibboleths of modern
constitutionalism: the claim that sovereignty and rule of
law are constitutive but irreconcilable elements of the
modern state; and the belief that independent judges
and courts are the best locus to secure the rule of law.

5. CONSTITUTION - Devices for establishing rights and
limiting powers, functions that are still emphasized in certain
academic literature on constitutions. (North and Weingast)
- set of rules for making collective
decisions.
Regulate the allocation of functions,
powers and duties among various
agencies and offices of
government.
Divisions of powers among
different institutions.
•The old transitional model of
constitutional monarchy
•The modern democratic models
of parliamentary regime and
checks and balances regime
•Presidentialism and Semi-
Presidentialism
Define the relationships
between these and the public
(Finer 1988)
ELECTION
Traditional Electoral System –
formation of factional
candidacies or voting coalitions
Modern Electoral System –
alternative to traditional
composed of multimember
districts, open ballots permitting
individual candidate voting, and
plurality or majority rule.

6. Constitution differ with regard to how easy they are to
change and with respect to the authorities empowered
to interpret whether government conformity to the
constitution has been achieved. (Marks and Cooper)
Functions of Constitutions:
 Constitutions provide individual right such as free
speech and due process.
 Constitutions create the basic skeleton of offices and
official processes through which government shall be
exercised, as well as the process through which
officeholders shall be selected
 Constitutions limits the exercise of government power in
the name of individual rights.
 Constitutions establish affirmative public welfare rights.
Constitutions cannot fulfill their functions simply by existing; they must
be implemented.
The foundational task in implementing a constitution is interpretation.
Arguments arose as to whether how constitutions should be interpreted
whether by “Original intent” , “Original meaning” or as “the constitution
as a whole”