ABSTRACT

Human rights arise from the very nature of man as a social animal. This nature also
necessitates that man live in communities rather than in isolation, thus leading to
the need for rules that regulates the activities that the existence of man entails.
Without rules man would live in chaos. This is because there would be no limit to
the exercise of the individual rights of man. Since civilized existence requires the
observance of rights, it is necessary to have rules put in place to regulate these
rights and their observances.
This is where democracy becomes important. Democracy provides a platform on
which a system of government respectful of human rights can be built. Democracy
has the characteristic, object and effect of securing members against oppression
and depredation at the hands of its institutions. These institutions without the rule
of law have the tendency of exercising arbitrariness in its actions and possibly
inactions. It is not enough to rely solely on the presence of elections (whether or not
they are freely and fairly conducted) and leaders chosen there from as the only
offerings of a democratic government. Effective democratic system must make
provision for peaceful articulation of demand and resolution of competing claims,
thereby promoting a sense of justice and social unity. The rule of law must be
upheld in a democratic society. Without the rule of law, democracy is rendered
completely empty and toothless, thus creating a fertile ground for serious human
rights violation. It is right therefore to assert therefore that the linkage between
democracy, human rights and the rule of law cannot be denied. This assertion is
further amplified by the euphoria for the democratization of political institutions, the
movement towards constitutional democracy by nations of the world and the
growing disdain for unconstitutional attitudes of any nation.
In as much as there is universal applaud for democratization of nations, the ambit or
scope of practical democracy in emerging democracies differs. This is because the
state more often than not seeks to shield its own form of governance system with
the cloak of democracy. The values, principles and normative context of democracy
are usually partly or totally distorted
This paper attempts to examine the meaning of human rights in line with the
relationship with democracy vis-a-vis the rule of law in emerging democracies with a
view of exposing the impact human rights has on the rule of law in emerging
democracies.
The first chapter will introduce the topic while the second will attempt an in-depth
examination of the human rights, constitutional democracy and the rule of law. This
is important as the precise scope of these concepts must be understood in order
fully appreciate the topic. In the third chapter focus will be primarily give to human
rights and the rule of law in emerging democracies. While it will not be practicable
to study all of the worlds emerging democracies, emphasis will be mainly on

emerging democracies in the African continent a cursory look will also be taken on a
few emerging democracies outside Africa. Chapter four will examine the factors that
are responsible for reducing the effectiveness of human rights and the
implementation of the rule of law in emerging democracies. The fifth chapter will
attempt to proffer a solution. The chapter will also conclude the essay.
I hope that this study will provoke issues and bring about change both of ideas and
practice in a way that will truly entrench the rule of law in emerging democracies.