A society can only be called just when its laws apply equally to every person and when every person, regardless of wealth, status, or connections, can actually turn to those laws for protection. The rule of law is the promise that no one stands above the law and no one is denied its protection. Access to justice is what makes that promise real in practice. Without it, even the finest legal system becomes a set of rights that exist only on paper for those who cannot reach them. In the pursuit of a fair and functioning society, the rule of law and meaningful access to justice must work together, since one without the other leaves ordinary people exposed and unprotected.
The rule of law is more than a legal slogan. It is the foundational principle that government power must be exercised according to publicly known laws, applied consistently and subject to independent judicial review. It requires that laws be clear, prospective and applied equally, so that citizens can know their rights and plan their lives accordingly. Constitutions, international human rights instruments and domestic legislation all give expression to this principle. The Universal Declaration of Human Rights recognises that everyone is entitled to an effective remedy by competent national tribunals for acts violating their fundamental rights. The International Covenant on Civil and Political Rights similarly guarantees the right to a fair and public hearing before an independent and impartial tribunal. In Sri Lanka, Article 12 of the Constitution guarantees equality before the law, while Article 118 establishes the Supreme Court as the highest and final superior court of record, safeguarding the independence of the judiciary. These provisions make clear that the rule of law is not simply about having laws, but about ensuring that those laws are applied fairly and that everyone can call on them.
The rule of law performs two essential functions. First, it restrains the arbitrary exercise of power. It prevents governments, officials and institutions from acting outside the law and it gives citizens legal grounds to challenge decisions that exceed lawful authority. Judicial review, fundamental rights litigation and administrative law remedies such as writs of certiorari and mandamus allow courts to correct unlawful action and protect individuals from abuse of power. Criminal procedure safeguards, including the right to legal representation, the presumption of innocence and protection against arbitrary detention, prevent the machinery of the state from being used unfairly against individuals. Second, the rule of law creates the predictability and stability needed for social and economic life to function. Contracts are enforced, property rights are protected and disputes are resolved through recognised procedures rather than through force or influence. This predictability allows individuals, businesses and communities to plan for the future with confidence that their rights will be respected.
However, the rule of law depends entirely on access to justice and this is where many legal systems fall short. Having a right without a practical way to enforce it is close to having no right at all. Access to justice means that people can understand their legal rights, obtain legal advice, afford legal representation and reach courts or tribunals within a reasonable time and at a reasonable cost. Many people, particularly those from low-income backgrounds, rural areas, or marginalised communities, face significant barriers. Court fees, lawyers’ fees, distance from courts, lengthy delays, complex procedures and lack of legal awareness all discourage people from pursuing legitimate claims. Case backlogs and prolonged litigation can mean that justice, even when eventually granted, arrives too late to be meaningful. For this reason, the strength of the rule of law in any country cannot be measured only by the quality of its laws, but by how easily ordinary people can use them.
Legal aid services play a central role in bridging this gap. Free or subsidised legal advice and representation allow people who cannot afford private lawyers to still assert their rights in court. Public interest litigation, simplified small claims procedures, mediation and alternative dispute resolution mechanisms further widen access by offering faster and less costly routes to resolving disputes. Legal literacy programmes, community paralegals and public awareness campaigns help people understand what their rights are in the first place, since a right that people do not know they have is rarely exercised. Courts themselves must also be accessible, through the use of local languages, simplified procedures and reasonable filing costs, so that the justice system does not remain the preserve of those who are already educated, wealthy, or well connected. 
Proper implementation is just as important as good laws and accessible courts. Judges, magistrates, prosecutors and court staff must be independent, adequately trained and free from political or financial pressure, so that decisions are made on the law and the facts rather than on influence. The police and prosecutorial authorities must investigate and prosecute fairly and without discrimination, since access to justice begins long before a case reaches a courtroom. Case management systems, digitisation of court records and reform of outdated procedures can help reduce the delays that make litigation so discouraging. Governments should also collect reliable data on court backlogs, case durations and the use of legal aid, since this information helps identify where the justice system is failing and allows for targeted reform.
Sri Lanka has a constitutional and institutional framework that supports the rule of law, including an independent judiciary, a fundamental rights jurisdiction under Article 126 of the Constitution and a Legal Aid Commission established to assist those who cannot afford legal representation. However, significant challenges remain. Case backlogs in the lower courts can leave litigants waiting years for resolution. Legal aid resources are limited relative to the number of people who need assistance and legal awareness remains low in many rural communities. Sri Lanka could strengthen access to justice by expanding the reach and funding of the Legal Aid Commission, promoting mediation boards for community-level dispute resolution and continuing to modernise court administration to reduce delays. Other countries offer useful comparative examples. India’s Lok Adalats, or “people’s courts,” provide a low-cost, informal forum for settling disputes outside the ordinary court system. South Africa has established a network of Legal Aid clinics and paralegal advice offices that bring legal assistance closer to underserved communities. Several Scandinavian countries combine strong public legal aid schemes with simplified small claims procedures, keeping litigation costs low for ordinary citizens.
Future reforms should approach the rule of law and access to justice as two sides of the same goal. Expanding legal aid funding and eligibility would allow more people to exercise their rights rather than abandon valid claims.
Investment in court digitisation and case management can reduce backlogs and shorten the time it takes to obtain a judgment. Encouraging mediation and alternative dispute resolution for suitable cases can ease pressure on the courts while giving people faster outcomes. Legal literacy programmes in schools and communities can help citizens recognise when their rights have been violated and how to seek redress. Safeguarding judicial independence through transparent appointment processes and adequate resourcing ensures that courts remain a genuine check on power rather than an institution vulnerable to interference.
The rule of law is not simply the existence of law, but the guarantee that law governs fairly, consistently and for everyone. It is meaningless if only the privileged can afford to invoke it and it is strongest when every person, however poor or powerless, can walk into a courtroom and be heard on equal terms with anyone else. When constitutions guarantee equality, when courts remain independent and accessible, when legal aid reaches those who need it and when institutions are held accountable for delay and unfairness, the rule of law becomes a living reality rather than a distant ideal. A country that invests in access to justice not only strengthens its legal system; it strengthens the trust between its people and the state and it ensures that justice is not a privilege reserved for the few, but a right belonging equally to all.
Written By: –
Hirushi Rangana
Faculty of Law,
University of Colombo
Designed By: –
Rtr. Munshifa Waseer
( Senior Blog Team Member 2026-27)
