Essay Color Key

Free Essays
Unrated Essays
Better Essays
Stronger Essays
Powerful Essays
Term Papers
Research Papers




The rule of law

Rate This Paper:

Length: 347 words (1 double-spaced pages)
Rating: Red (FREE)      
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

other house are for the benefit of Australia rather than the government, and include no instances of discrimination. The judiciary also exercises the power to control legislation if it is deemed not in accordance with the ‘rule of law’. This was proven in the landmark case of Chu Keng Lim vs Minister for Immigration. Parliament had amended the migration act to provide for the compulsory detention of certain designated persons who could not be released from custody by an order of the court.
The high court rejected this legislation stating that it was “ beyond the legislative power of parliament to invest the executive with an arbitrary to detain citizens in custody not withstanding that the power was conferred in terms which sought to divorce such detention in custody from both punishment and criminal guilt. Putting to one side exceptional circumstances the involuntary detention of a citizen in custody by the state is penal or punitive in character and exists only as an incident of the exclusively judicial function of adjudging and punishing criminal guilt.
Every citizen is “ ruled by the law and the law alone” and may with us be punished for a breach of law but he can be punished for nothing else.” The judiciary also applies a system of precedent which allows for consistency in decisions but still provides for individual circumstances. This insures that there is no discrimination between people. Although all current conventions comply with the ‘rule of law’, the constitution does not guarantee it and provides for things such as the arbitrary exercise of power by the Governor General. However in Emy
Hughes publication Australian Politics it states that “ the court reasoned that that since the constitution could be presumed to authorise a system of representative democracy this in turn entailed freedom of debate. This line of reasoning pointed the way towards the discovery of implied rights. Without the doctrine of ‘the rule of law’ our government would be undemocratic and would be deemed ‘the rule of men’ in which certain members were exempt from the law and would not be equitable.

How to Cite this Page

MLA Citation:
"The rule of law." 123HelpMe.com. 24 Oct 2014
    <http://www.123HelpMe.com/view.asp?id=92445>.




Related Searches





Important Note: If you'd like to save a copy of the paper on your computer, you can COPY and PASTE it into your word processor. Please, follow these steps to do that in Windows:

1. Select the text of the paper with the mouse and press Ctrl+C.
2. Open your word processor and press Ctrl+V.

Company's Liability

123HelpMe.com (the "Web Site") is produced by the "Company". The contents of this Web Site, such as text, graphics, images, audio, video and all other material ("Material"), are protected by copyright under both United States and foreign laws. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Material. You expressly agree that any use of the Material is entirely at your own risk. Most of the Material on the Web Site is provided and maintained by third parties. This third party Material may not be screened by the Company prior to its inclusion on the Web Site. You expressly agree that the Company is not liable or responsible for any defamatory, offensive, or illegal conduct of other subscribers or third parties.

The Materials are provided on an as-is basis without warranty express or implied. The Company and its suppliers and affiliates disclaim all warranties, including the warranty of non-infringement of proprietary or third party rights, and the warranty of fitness for a particular purpose. The Company and its suppliers make no warranties as to the accuracy, reliability, completeness, or timeliness of the material, services, text, graphics and links.

For a complete statement of the Terms of Service, please see our website. By obtaining these materials you agree to abide by the terms herein, by our Terms of Service as posted on the website and any and all alterations, revisions and amendments thereto.



Return to 123HelpMe.com

Copyright © 2000-2014 123HelpMe.com. All rights reserved. Terms of Service