HOW IS THE RULE OF LAW DIFFERED FROM THE ROLE OF LAW?

THE RULE OF LAW recognizes:

1). Equality before the law; this means, the law must guarantee that no individual nor group of
individuals should be privileged or discriminated against by the government.

2). Presumption of innocence unless proven guilty; this means, he who alleges the guilt of a suspect
must prove the same beyond reasonable doubt. The suspect need not prove his innocence.

3). Primacy of Constitutional rights (Bill of Rights).

On the other hand, THE ROLE OF LAW are founded by the following principles:

1). The supremacy of law, which means, that all persons (individuals and governments) are subject to
the law; this means, that no man or government is over and above the law.

2). A conception of justice that emphasises interpersonal adjudication, law based on faults, and the
importance of procedures:

a. Restrictions on the extent of discretionary power and the manner of its exercise.

b. Prospective, not retrospective, legislation; (meaning no ex post pacto law shall be enacted)

c. An independent judiciary;

d. The exercise by Congress (Upper and Lower houses) of legislative power; and

e. Restrictions on the exercise of legislative power by the executive, as for example, the veto power of
the President in a democtratic system of government, unless inacted upon in which case the overriding
power of Congress is exercised.