eROLProject-Volunteers-Programme-Topic01

eROL Volunteer Programme
Topics and exercises

TOPIC 1:
What is the Rule of Law? How is it defined?

1. OVERVIEW OF RULE OF LAW ("ROL") TOPIC 1 AND ITS PRACTICAL EXERCISES

The ROL is a strange concept. When it is not there, we all are quite sure we know that its missing. And, when it is there, no-one seems to notice. For instance, if you were arrested in terms of an Act that no-one has ever seen, we’d all agree – even probably the arresting officers – the arrest was against the rule of law. Because after all, how can we be held accountable for a law we don’t know about? And yet, if we asked 10 people how they define the ROL, we’d get 10 different definitions. This makes it difficult in a programme like this to make sure we are all on the same page. However, there are some iconic definitions of the ROL out there that we can use to find our feet.

2. OBJECTIVE OF ROL TOPIC 1

To establish whether there is a general definition of the ROL and what it might be.

3. TOPIC 1 QUESTION

Is there a common definition of the Rule of Law?

4. ESTABLISH YOUR BASELINE KNOWLEDGE OF ROL TOPIC 1

Before starting the practical tasks involved in for this topic, please answer the following question, in your own words and without first researching the answer, in order to establish your baseline knowledge.

QUESTION: How would you define the rule of law?

YOUR ANSWER:

5. PRACTICAL TASK

Research the introductory links below on the ROL and make notes on various definitions of the ROL and its meaning, using your own and/or the suggested resources below.

6. RESOURCES TO USE IN COMPLETING THIS TASK

The following are primary introductory resources will assist you to answer the question posed by this TOPIC. Please be at liberty to explore further, or request us to provide further resources that you could go through:

International sources

United Nations definition of the ROL HERE

Wikipedia discussion on ROL HERE

Constitutions of the world (go through the various Constitutions for their treatment of the Rule of Law HERE

World Justice Project treatment of the concept ROL HERE

SA National sources

Final Constitution of the Republic of South Africa Act, No. 108 of 1996 HERE

Interim Constitution of the Republic of South Africa Act, No. 200 of 1993 HERE

Discussion of the Constitutional Court of South Africa approach to the ROL HERE

Constitutional Court judgments HERE

Discussion of Constitutional Court and the Rule of Law HERE

Supreme Court of Appeal judgments HERE

LexisNexis Rule of Law initiative HERE

7. SUGGESTED METHOD FOR COMPLETING THIS TASK

eROL TOPIC 1 is an introductory and orientation topic and we don't expect anyone to do much other than to just read, and read and read, for a general understanding.

To complete this task, go to the resource list under 6 above, click on the links provided, and read the material for definitions of, and meaning given to the Rule of Law, making notes as you go.

Where you come across something interesting or confusing, make a note of your interest or confusion and do some free-ranging searches on that. Or contact us or other Volunteers in this eROL Group via the WhatsApp eROL Project Group, or via the eROL Project Facebook page, or on one of the Zoom discussions on this TOPIC 1.

And of course if anything grabs your interest in particular, please do go on your own explore of what the ROL means and how it is defined

8. REQUEST ASSISTANCE OR DISCUSSION ON THIS TASK

If you have any difficulties relating to this TOPIC 1 and its task:

Please contact us directly by emailing rita@legalb.co.za or calling 071 068 7627.

We suggest that you join the “eROL Project” WhatsApp group (071 068 7627) where Volunteers can introduce themselves, and communicate and assist each other on this TOPIC and task.

We also suggest you join the eROL Project Facebook page HERE and communicate about this TOPIC or anything else Rule of Law related

9. ANSWER TOPIC 1'S QUESTION

The question posed by TOPIC 1 is: Is there a commonly accepted definition of the Rule of Law?

Please attempt to answer this question in your own words, below, based on your pre-existing knowledge and the general resources we listed above, and if you would like comment on it, please email it to us for consideration. Note that there is no right and wrong answers for many Rule of Law questions, and there is no assessment or test at the end of this eROL Volunteer Programme :)

YOUR ANSWER TO THE TOPIC 1 QUESTION:

Once you have answered the question, please copy and paste it to us by way of email in order to move to the next eROL TOPIC 2, which is Previewed under Section 9. below

10. FEEDBACK

After each TOPIC we will provide feedback to each individual Volunteer on their answer to the TOPIC question by way of email.

Because Volunteers will be going at their own pace through the eROL TOPICS we will also provide ongoing feedback on each TOPIC on the eROL Project FaceBook page

11. VOLUNTEER DISCUSSION ON THIS TOPIC

Volunteers can initiate or join ongoing discussion of this TOPIC in the eROL Project WhatsApp group, or on the eROL Project Facebook page HERE. In addition, we will also from time to time provide Volunteers with the opportunity to register for and discuss eROL TOPICS on Zoom seminars we will be holding,

12. OPPORTUNITY TO PUBLISH SHORT ARTICLES ON THE eROL PROJECT BLOG

If you would like to gain experience in putting together a short article on the subject matter of this TOPIC, you will be able to publish it on the eROL Project Blog HERE, where it would be available for comment by the public and other Volunteers.

Let us know whether you would be interested in doing this :)

13. EVALUATION OF THE TOPIC

Please evaluate and comment on whether this TOPIC and its task has been effective in increasing your understanding of this TOPIC

ANSWER

14. SELF-EVALUATION

Do you think you have achieved the objective of this TOPIC? Please indicate whether you feel you have managed to complete this TOPIC and benefited from it:

ANSWER

15. REQUEST FURTHER RESOURCES IF YOU WANT TO UNDERTAKE FURTHER RESEARCH ON THIS TOPIC

Please let us know via an email to rita@legalb.co.za what you would like to explore further about this TOPIC so we can assist you with further resources

16. Provide feedback to the Volunteer group on this TOPIC

We will provide an review of this TOPIC email before you go on to the next TOPIC.

And of course, you can use the WhatsApp eROL Group (071 668 7627), or the eROL Project Facebook page HERE to provide your feedback on this TOPIC too

17. PREVIEW OF THE NEXT eROL TOPIC

While there is no commonly agreed upon definition of the Rule of Law, there is substantial common acceptance of many of its basic principles.

The next eROL TOPIC focuses on identifying these commonly accepted basic principles, and on identifying principles about which there is the most disagreement.

There is not of course total agreement on the basic principles of the Rule of Law. The major difference of opinion relates to the question of whether principles of the Rule of Law should or should not include principles relating to human rights. Those who think it should not include these have become known as advocates of a “thin”, definition of the Rule of Law. Those who think it should include these, have become known as advocates of a “thick”, definition of the Rule of Law.

18. MOVING TO THE NEXT TOPIC

The next eROL TOPIC 2 will be distributed as and when Volunteers complete the eROL TOPIC 1.