ABSTRACT
The rule of law represents one of the most challenging concepts of the constitution. It is a concept which is capable of different interpretations by different people, and it is this feature which makes an understanding of the doctrine elusive. The rule of law may be interpreted either as a philosophy or political theory which lays down fundamental requirements for law, or as a procedural device by which those with power rule under the law. The rule of law is an aspect of ancient and modern natural law thought. On an international level, natural law thought played a significant role in establishing the over-arching dictates of international law. For the rule of law to be respected and applied, the legal process, civil and criminal, must exhibit certain features. These features may be categorised as accessibility and procedural fairness. The ancient writ of habeas corpus is available to test the legality of a person's detention by the state.
