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Critical Analysis of the Principle of Rule of Law and Fair Hearing

Critical Analysis of the Principle of Rule of Law and Fair Hearing

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DEDICATION

This research material, titled “Critical Analysis of the Principle of Rule of Law and Fair Hearing” is dedicated to God for His boundless grace and guidance. It is also a tribute to all computer enthusiasts whose contributions made my research journey smoother and enriched my documentation process, making the experience truly fulfilling.



ACKNOWLEDGEMENT

I am profoundly grateful to everyone who contributed to the successful completion of this project. I am especially grateful to my Supervisor (Name), the Head of Department (Name), and the Lecturers in the Department of Law for their invaluable guidance and support. I also acknowledge the contributions of authors and scholars whose works on Critical Analysis of the Principle of Rule of Law and Fair Hearing provided essential insights. Special thanks go to my study area (and any funding organizations, if applicable) for their financial assistance. I am equally thankful to stakeholders, including mentors, teachers, and colleagues, for their encouragement and support. Finally, I deeply appreciate my family and friends for their patience and unwavering support throughout this journey. Your contributions have been instrumental in making this research a reality.



ABSTRACT

Rule of law as a substantive legal principle, refers to the prevailing of regular power rather than arbitrary power; the principle is that all citizens are subject to the judicial decision in their states and that such decisions are the result of constitutional principles. The study was carried out to critically analyze the Principle of Rule of Law and Fair Hearing. In achieving this aim, the following specific objectives were laid out to trace the origin of the doctrine of fair hearing in Nigeria, highlight the impediments to fair hearing in Nigeria criminal justice system and evaluate the safeguards to the application of the doctrine of fair hearing in Nigeria Judicial system. The rule of law was conceived as something that should map out the way and means of peaceful coexistence, progress and development of the society under a uniform rule-guided system. All sectors composed in the society are to be governed and subjected to the law. Over the years, the rule of law has progressively developed and has metamorphosed to have so many faces and has produced different results. These results are negative and positive in most cases. The study will review the origin, applications, safeguards and impediments of the doctrine. The results of the findings of this research will explicate the benefits, prospects and challenges of the application of doctrine of fair hearing in Nigeria legal system. It will also serve as resource material for scholars of both civil and criminal law. In addition the findings of this research will serve as a veritable post script to our law makers, administrators and other decision makers in their efforts to enhance administration of justice equity and fairness in the body of our municipal laws. Finally, the research work suggests that time has come to add a few other requirements for the rule of law in order to give politics, law and governance a new face that is rule of law friendly.


Critical Analysis of the Principle of Rule of Law and Fair Hearing

CHAPTER ONE

1.1 Introduction

Rule of law1 as a substantive legal principle, refers to the prevailing of regular power rather than arbitrary power; the principle is that all citizens are subject to the judicial decision in their states and that such decisions are the result of constitutional principles. The rule of law implies that government authority may only be exercised in accordance with written laws, which were adopted through an established procedure. The principle is intended to safeguard against arbitrary rulings in individual cases. Rule of law is not settled despite its 2000 years or so of history. The notion of rule of law is still rousing much practical and political interest as well as debates. The content, nature and scope or indeed the utility of the rule of law cannot be said to have been brought to an end.

As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Limitations of the Study and Definition of technical terms.

…

CHAPTER TWO

2.0 Literature Review

2.1 Introduction

This chapter focuses on the review of related literature. A literature review includes the current knowledge as well as theoretical and methodological contributions to a particular topic. It documents the state of the art with respect to the topic you are writing. It surveys the literature in the topic selected. In this research work the literature review includes the conceputal review, theoretical framework, the review of related literature …

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Defense Procedure for Law Researchers

In preparation for defending a project or seminar on Critical Analysis of the Principle of Rule of Law and Fair Hearing, it is imperative that as a nursing student, you demonstrate comprehensive knowledge of your research. The defense process is structured to include presenting your work, answering questions, and illustrating its pertinence. Initially, provide a succinct yet thorough introduction to your research topic, emphasizing its importance and the objectives, ensuring that both the audience and the External Examiner can understand the scope of your study.

Prior to your defense, be thoroughly acquainted with your research abstract and the critical elements of Chapter One, including motivation for embarking on this research, problem statement, objectives, and significance. In Chapter Two, be ready to cite at least two references from the literature review. For Chapter Three, you should be equipped to discuss the methodologies, tools, and techniques utilized. In Chapter Four, defend your research by justifying the findings and linking them to your research objectives.

Conclude your defense by succinctly summarizing the study and offering insightful, evidence-based recommendations. A professional dress code, such as wearing a suit and tie, is vital to create a favorable impression and elevate your presentation.

During the question and answer segment, the External Examiner may pose questions pertaining to your research. If confronted with a challenging or irrelevant question, respond diplomatically with, “Sorry, Sir/Madam, the question asked is beyond the scope of my study.” Whenever possible, direct your answers back to your research findings to reinforce your expertise.

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