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Importance Of Rule Of Law
Critically discuss the doctrine of separation of powers
Critically discuss the doctrine of separation of powers
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A. Explain what is meant by the concept of “the rule of law” According to Aristotle, "The rule of law is better than that of any individual”, suggesting every member of society, even a ruler, must abide by and follow the law. The rule of law is linked to the principle of justice, meaning that everyone within a society (including both private citizens and government officials) are subject to the law, and that those laws are administered fairly and justly. The intention of the rule of law is to protect against arbitrary governance. It is the basic underpinning of a free society. One of the features of the Australian constitution is that is it structured in a way that in theory reflects the rule of law. This doctrine, the separation of powers, doctrine is assumed to be a fair structure of government as its principles suggest that power does not lie with one branch, but is spread out amongst the three (legislative, executive and judicial. In Australia, there is an overlap of the three branches and it is argued there is not significant distinction between the legislative and executive, consistent with British tradition. In the Constitution it does effectively unite the legislative and executive within the framework of responsible government as reflected in sections 44, 62 and 64. Section 64 specifically states that Ministers (executive) must sit in Parliament which represents a connection between these branches. A High Court decision in Victorian Stevedoring & General. Contracting Co Pty Ltd & Meakes v Dignan 1931 held that a strict division between these two levels was not practical. In contrast, the High Court is more definite in its separation and uphold a strict distinction with its judicial power. R v Kirby; Ex parte Boilermaker... ... middle of paper ... ...r Commonwealth Courts’, Papers on Parliament No. 48, viewed 30 March 2014, Donoghue v Stevenson (1932) UKHL 100 High Court of Australia Act 1979 (Cth) Judiciary Act 1903 (Cth) Kirby, M. 1997, ‘Bill of Rights for Australia – But do we need it?’, viewed 30 March 2014, < http://www.lawfoundation.net.au/ljf/app/&id=/A60DA51D4C6B0A51CA2571A7002069A0> Montesquieu, Baron de, 1748, ‘The Spirit of Laws [L'Esprit des Lois]’, Translated from the French by Nugent, T. 1752 R v Kirby; Ex parte Boilermakers Society of Australia (1955-56) 94 CLR 254 Victorian Stevedoring & General. Contracting Co Pty Ltd & Meakes v Dignan (1931) 46 CLR 73 Wallis v Downard-Pickford (North Queensland) Pty Ltd (1994) 68 ALJR Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387, 62 ALJ 110
Our ideas about laws and philosophy are borrowed from those of Justinian’s code, which was the main set of laws of the empire. For example, the Declaration of Independence says the “unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness.” (Doc. D) This is similar to the “maxims of law... to live honestly, to hurt
This system proposed that power is separated into three branches thus allowing each branch to guard the rights of a citizen. Document B explains this Separation by specifically detailing the jobs of the three branches. One of these branches is Executive Branch, which Branch consists of the President of the United States. When the President takes office he is bestowed with new powers like being able to deal with foreign policies and becoming the Chief of all of the United States Armed Forces. The Judicial Branch is vested with the power of deciding court cases and declaring laws unconstitutional. The Supreme Court also has obsolete authority over all other inferior courts; this is mentioned in document B Article 3, Section 1. Lastly, the Legislative branch has the power to propose and pass laws. But even the Legislative Branch goes through a rigorous process to enact laws. This is because before laws are presented the public they must go through two chambers known as the Senate and the House of Representatives. This ensures that only laws that best benefit the nation shall be included in the
Queensland’s system of government is modelled on the British Westminster system and under this system, there are three separate branches of government that are also referred to as the separation of powers as outlined by the Queensland Government (2017). The Doctrine of the Separation of Powers refers to the distinct separation of the three branches of government, these are the Legislature, the Executive and the Judiciary as outlined by the Queensland Government (2015). Legislature enacts the laws of the land and is exercised by the Parliament (Althaus, Bridgman and Davis 13, 2015). Within Queensland, the Parliament is made up of 89 members of the Legislative Assembly and the Governor who is the representative of the Queen as outlined by the
Aristotle’s nature of law appealed to me the most because he defines the cultivation of virtues that achieve full potential in life. Aristotle’s theory of happiness had a process of exercising a moral life in order to reach genuine eudaemonia, which means, “actively exercising the soul’s powers”. The fulfillment of the self, allowed a person to strengthen their system of morals and values to practice a “good” life. Your whole persona should life a live with integrity, never conflicting your happiness with false satisfaction. As one develop a solid set of morals and beliefs, and then one can create a path of righteousness that will benefit the value of character. As one lives life, one is able to adjust their view of happiness due to the experience
The goal of human life according to Aristotle is Happiness as he stated in Nicomachean Ethics, “Happiness, then, is apparently something complete and self-sufficient, since it is the end of the things achievable in action.” Aristotle states that happiness is not just about being content in life but that one has to have lived their life rationally, well, and to the fullest of their capabilities. Happiness, according to Aristotle, can only be achieved by focusing on mans’ life as parts of a whole.
Power is best shared if it is not to be abused. The Constitution of Australia does this by separating the functions of government and dividing power between the Federation and the States. The separation and division of powers are both important means of preventing the abuse of power and, while both are flawed, they nevertheless do their job better than if they did not exist.
The commonwealth of Australian Constitution Act (1900) sets out a type of separation of powers between the legislative power (section 1), executive power (section 61) and judicial power (section 71). The law making power is vested in the Federal Parliament, the executive power is vested in the Queen, whom is represented by the Governor-General, advised by the cabinet and the executive council. The judicial power is vested in the Federal Supreme Court, namely the High Court.
Established by the enactment of the Commonwealth of Australia Constitution Act 1900 on 1 January 1901, the Australian Constitution institutes the key functions of the executive, the legislature and the judiciary. Furthermore, Federation provided state and federal governments with specific powers to enact laws relating to trade, defence and immigration, and to promote nationalism. However, the privileged men responsible for Federation used the process of conventions to promote their biased views towards working class individuals and focused mainly on protecting their own interests; as a result the constitution does not explicitly include human rights protections. During federation, the appointed convention delegates of each British colony displayed
Good morning members of the panel today I will be critically reviewing and reporting on the relationship between International law and the Australian domestic law. I will be analysing how well the Australian and international law reflect the Universal Declaration of human rights, and what more could be acted upon to ensure the safeguard of Human Rights for future generations. The Universal Declaration of Human Rights is a set of rights set for us merely because of the simple fact that we are humans. Human rights Is a right to which is believed to belong to every individual. All members of the human family are entitled to have the right to freedom, justice and peace in the world. The Declaration was accepted by the United Nations General Assembly on
Australia has three levels of government that work together to provide Australians with the services they need. The three levels are: federal parliament, state/territory parliaments, and local councils. Each level of government has its own responsibilities. The federal parliament makes laws for the whole of Australia. The state and territory parliaments make laws for their state or territory. There are six state and two mainland territory parliaments. Over 560 local councils make local laws for their district or region. Australia is both a representative democracy and a constitutional monarchy with Queen Elisabeth II as Australia’s head of state.
A Bill of Rights would protect universal rights not currently protected by Australian law (State Library of NSW 2005, p.9). “The Australian Constitution says little about the relationship between Australians and their governments”, does not contain explicit rights-orientated provisions, nor does it “set out the fundamental rights or aspirations of the Australian people” (State Library of NSW 2005, p.4). Australia is party to seven key international human rights treaties including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of Persons with Disabilities (Law Council of Australia 2016).
Formed in 1901, the government of Australia is a parliamentary democracy under a constitutional monarchy, and maintains two distinct concepts; federalism and the separation of powers. Additionally, the administrative divisions are broken into six states and two territories, and the government utilizes a common law legal system based on the English model.
Aristotle believes we obey laws because by obeying laws and following the justice system it leads to a good relationship between a monarch and the citizens. For example, he believes that kings that operated within the laws were those who were most successful and willing to have obedient citizens. According to Aristotle, we disobey laws because of moral character or qualities. He believes that some people have good qualities and some people don’t. For example, someone’s bad action or quality could lead to that person breaking the law. To Aristotle, obedience is very important, he hates dishonest people. He has a very close connection between justice and law. Aristotle thinks laws should be made with strict principles of justice and that true
Australia, formally known as the Commonwealth of Australia, was formed in 1901. This was the result of six independent British colonies that came together to form a new nation. The foundation for this federation, as they refer to themselves by, is known as the Australian Constitution. This written document acts as the basis for which how the government can operate and what it can do. Under the Constitution, the Australian Government is a federal system of government. Utilizing this system powers are divided between the central, Australian Government, and states of the nation, the six state governments. For the Australian Government, the central power, laws written and passed by this governing half of the entire system affect all Australians. In essence it is the law of the land and should be followed by all. The Australian Government is split into three arms. The first is known as the legislative arm, or parliament, and is responsible for the debate and vote of new laws to be initiated. These laws, if passed, are introduced under the power of section 51 of the Australian Constitution. Section 51 of the Australian Constitution in principle defines what the government can decide upon. The second of three arms of the Australian Government is the executive arm. This third is responsible for authorizing and sustaining the laws established by the legislative arm. Some members of the legislature, entitled ministers, are members of both the legislative and executive arms of the Australian Government. These specific members are tasked with special responsibilities for certain areas of the law. Lastly, the third of the three arms of the Australian Government is the judiciary. This is the legitimate arm of the Australian Government, and by t...
The Constitution of Australia is a written document, which came into effect when the six colonies federated to form the Commonwealth of Australia in 1901. It consists of eight chapters and 128 sections and lays down a set of laws or restraints by which the Federal Government must operate. It establishes the composition, procedures, functions, and powers of government, government authorities, such as the Governor General and other essential institutions. The Constitution is the basic framework for a civilised and well-governed Australia. However in the recent past, reason for parliamentary and federal concern has been thrust into the limelight. In addition, there has been a growing need for judicial interpretation and the ever-present reliance on convention.