Procedural Fairness

Values and Ethics play an integral role in maintaining the Rule of Law within Modern Australia, evident through the engrained notions of habeas corpus, procedural fairness, division of powers and separation of powers. Even though the Legal System must reflect contemporary society’s values and ethics, many of the core principles have been upheld by society such as the prevention of unlawful detention practised through habeas corpus. Australia is a signatory to the Universal Declaration of Human Rights (UDHR) and evidence within Article 10 and 11 showcase a means of maintaining the Rule of Law through Procedural Fairness and Habeas Corpus. Specifically through the Police Powers Act 2002 and the Terrorism Act 2002, the notion of Habeas Corpus

This notion focuses on the procedures to be used by a decision maker to arrive at an impartial decision. Procedural Fairness in a trial ensures fairness, equality and impartiality. Procedural Fairness includes the law of bias through impartiality as the decision maker cannot be connected to the situation and the accused. Their decision must also be based on logically based evidence. The notion also includes the hearing rule which allows the accused to have their story heard and considered by the decision maker prior to a verdict. The notion provides the accused the right to a fair trial and an independent jury, access to justice and most importantly, equality before the law thus preserving and correlating to the Rule of Law. This is reflected through Article 10 of the UDHR signed by the Australian Government, tracing back to the Magna Carta displaying many of the article’s principles. The document like Procedural Fairness, displays principles of being judged fairly and impartially when on trial additionally equality before the law for everyone. In the decision of Momcilovic v The Queen 2011, Judge, Justice Heydon, made numerous links with fundamental human rights such as Procedural Fairness to the Magna Carta therefore exhibiting the link. It has been therefore displayed how the notion of Procedural Fairness can be linked to the Magna Carta and preserving the Rule of law reflecting society’s values and