Djibouti gained its independence from French colonial rule in 1977. The legal system established by the French was adopted by the new Djiboutian government. The Djiboutian Constitution and laws would not be so unfamiliar to anyone in the west as they guarantee the same basic rights as is found in the United States, EU, etc. The legal procedures, as they are written, are no different. This is the fanciful situation. The reality is the application of those procedures and laws has recently been described by the US Embassy in Djibouti as arbitrary.
Arbitrary, also known as discretionary, whimsical, unpredictable, is a very powerful word when it is used to describe a legal system. Think about it, what legal or government system is based on the arbitrary application of the law? Hmmm, a legal system that is arbitrary is one which gives a few, or one, near unlimited power to do as they, or he, sees fit to do without regard to any rules or oversight. An arbitrary legal system is no rule of law, it is simply based upon the whim of those who are in power. This system allows for one person to determine when the rules apply, when rules do not apply, and to what degree those rules may apply.
Let us think about the United States and why it is such a grand experiment. Because the people got sick and tired of a few special 'royal' families being able to place a member of their family into the position of king, or emperor, (aka dictatorship) who had the ability to arbitrarily apply and enforce or not any legal procedure or law. The kings and emperors of the world were all, mostly all, replaced by rule of law that is equally and fairly applied to all people regardless of family or positional status of the individual.
If it smells like a dictatorship, if it sounds like a dictatorship, if it looks like a dictatorship, it must be a dictatorship.
Arbitrary, also known as discretionary, whimsical, unpredictable, is a very powerful word when it is used to describe a legal system. Think about it, what legal or government system is based on the arbitrary application of the law? Hmmm, a legal system that is arbitrary is one which gives a few, or one, near unlimited power to do as they, or he, sees fit to do without regard to any rules or oversight. An arbitrary legal system is no rule of law, it is simply based upon the whim of those who are in power. This system allows for one person to determine when the rules apply, when rules do not apply, and to what degree those rules may apply.
Let us think about the United States and why it is such a grand experiment. Because the people got sick and tired of a few special 'royal' families being able to place a member of their family into the position of king, or emperor, (aka dictatorship) who had the ability to arbitrarily apply and enforce or not any legal procedure or law. The kings and emperors of the world were all, mostly all, replaced by rule of law that is equally and fairly applied to all people regardless of family or positional status of the individual.
If it smells like a dictatorship, if it sounds like a dictatorship, if it looks like a dictatorship, it must be a dictatorship.