Seperation of Powers, Rule of Law and Responsible Government

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Recommended: Separation of powers and its importance

The increasing complexities of present diverse societies have led parliaments to develop various types of laws and regulations on the basis of the establishment of these intricate notions of rule of law, separation of powers and responsible government in order to maintain social order and harmony between police, citizens and the government. These implementation have distinctive application within contemporary society and the way in which they are applied to policing, as they all aim to achieve civilized and agreeable laws to prevent anarchy and chaos.

The notion behind every law made is the rule of law, which was put forward by an English Jurist A.V. Dicey in 1885 and refers to the idea that the legal system seeks to treat everyone equally and administer justice impartially without prejudice. The rule of law compromises, as Dicey states, of three elements by which the rule of law can be defined. It has an independent judiciary, allows individuals to be subject to a fair trial and thirdly, individuals have the right to reasonable access of the courts .

The law covers a range of broad and diverse issues and situation in which police officers might encounter within modern society. When the law is clear about certain behaviors, police officers make their judgment by assessing the context of each and every situation individually. Miller (1997) writes that the law does not cover every circumstance that a police officer may be confronted with, thus giving the responsibility to the police officer to interpret and apply the law in its context, enforce the law and even provide an on the spot solution to a problem. A police officer will be faced with various incidents in which their discretion will decide on the best plan of...

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...inquiry.ca/fr/policy_part/pdf/Stenning.pdf">http://www.ipperwashinquiry.ca/fr/policy_part/pdf/Stenning.pdf

Viewed Online 2nd April 2005

Stephen N. (1999) RMIT - The Rule of Law http://www.rmit.edu.au/browse?SIMID=zwujlmn9b0hj - Viewed Online 30th March 2005

The Constitution and Protecting rights

http://www4.gu.edu.au/ext/civics/cv02/mod02/cv02m02t01.htm#sdp

Viewed online 30th March 2005

(2003) Parliament of Australia: Senate: Constitution

http://www.aph.gov.au/senate/general/constitution/index.htm

Viewed Online 3rd April 2005-04-03

Year 12 HSC 2004 Class notes on rule of law, separation of powers and government responsibility.

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