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 theoretically reflects the rule of law. This is reflected through the ‘separation of powers’ doctrine, which is assumed to be a fair structure of government. Its principles suggest that power does not lie with one branch of government, but is spread out amongst three (legislative, executive and judicial).
The concept of ‘the rule of law’ has been discussed by many. Professor Geoffrey Walker in his 1988 paper wrote ‘…most of the content of the rule of law can be summed up in two points: (1) that the people (including, one should add, the government) should be ruled by the law and obey it and (2) that the law should be such that people will be able (and, one should add, willing) to be guided by it’.
In Australia, there is an overlap of the three branches and it is argued there is not a 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 r...
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...surances to protect individual rights regardless of the ruling party of the day. Politicians need to be seen as being tough on issues such as terrorism and therefore compromise on individual rights.
The case against a Bill of Rights as shown above includes the fact that it is foreign to our traditions and Australia has survived to date through its existing protection of basic rights. It is argued that a Bill of Right may provide too much power to the judges.
There is the opportunity to find a middle ground where a Bill of Rights could be introduced confined to certain rights that are suited to judicial judgment over political matters. The rights of individuals are better protected by judges than politicians, who are affected by the desire to keep onside with public sentiment, for the fear of losing power. Judges however are concerned with the rights of individuals.
The milestone judicial decision in Cole v Whitfield pronounced a pivotal moment in Australian jurisprudence in relation to the interpretation of s92 of the Australian constitution. This essay will critically analyse the constitutional interpretation approach utilised in Cole v Whitfield. This method will be compared with the interpretational methods exemplified in Commonwealth v Australian Capital Territory. Although within these two cases there appears to be a preference towards a particular interpretational method, each mode has both strengths and weaknesses. Accordingly, the merit of each should be employed in conjunction with one another, where the court deems fit, complementing each other. This may provide a holistic approach to interpreting the constitution.
The Rule of Law has always been a widely discussed topic throughout the history of modern political thinking. It can be defined as, “the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law” (Dictionary.com). English philosopher John Locke and Genevan philosopher Jean-Jacques Rousseau have both developed well-rounded and detailed accounts on the Rule of Law and its crucial role in ensuring democracy and freedom in society. Despite the undeniable success and importance of their works and ideas, I believe ________ constructed a more persuasive and influential argument in explaining the extensive effects of the Rule of Law on government and society.
laws conformable to the general will, the first rule of public economy is that the administration of justice should be conformable to the laws." His natural political philosophy echoes the way of Lao Tzu: "The greatest talent a ruler can possess is to disguise his power, in order to render it less horrible, and to conduct the State so peaceably as to make it seem to have no need of conductors. "[v]irtue, no virtue without citizens; create citizens, and you have everything you need; without them, you will have nothing but debased slaves, from the rulers of the State downwards.
Bill of Rights helps to define the American political system and the government 's relationship to
To summarize, our nation’s government should not just remember it, but fully rely upon the precedents set by the Constitution of the United States. Most importantly of all, it is the supreme law of the land. This document also describes in detail the duties and requirements of each of the three branches of government. Along with that, the Bill of Rights – which tells us every one of our basic constitutional rights – is a significant part of it. As Abraham Lincoln, 16th president of the United States as well as staunch supporter of the Constitution, said, “We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution.”
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.
It is one thing to say that the Bill of Rights serves as a basis for courts, it is also a document which is heavily acted upon through the interpretation of the courts. This was highlighted in 2015 by Senator Ted Crus when he stated that the nation’s highest court had “crossed the line” with its recent decision in favour of the Affordable Care act and same sex marriage. After which he called for a need to reign in ‘judicial
Since even the earliest civilizations, there have been laws. Laws are a fundamental part of our government. They help the average citizen navigate through life when situations arise and accidents happen. They are there as guidelines for safety and overall well-being of a society. A citizen has the power to seek justice through the help of our court system. The legal system also determines the consequences for citizens who break the laws. For the “average citizen” the legal system is right and just.
... a very strong separation between Executive and Legislature, and the Judiciary – Members of Parliament and Government ministers cannot sit in the Judiciary and interpret the law. There is not, however, such a strict separation between the Executive and the Legislature, as the Executive sits in Parliament as well.
185). Laws can be either just or unjust when bred by human beings. Aquinas defines a just law as a law “ordained for the common good… when the laws enacted do not surpass the power of the lawmakers… and when they impose proportionately equal burdens on citizens for the common good” (96.4 p. 64). Throughout society, there are several roles in which there are different rulers who have the authority to rule justly. For example, “Soldiers are obliged to obey their commanders in military matters, slaves their masters in performing servile tasks, children their parents in matters of life training and household chores” (104.5 p. 183). Civil authority is a significant component in a well-run society for two reasons: peace and justice. It all
In the mouth of a British constitutional lawyer, the term the rule of law seems to mean primarily a corpus of basic principles and values, which together lend some stability and coherence to the legal order.
To begin, we must understand the meaning of the rule of law and why the UK courts implement this constitutional principle in day to day practice. British jurist and constitutional theorist A.V. Dicey paved the way for much of our understanding of the rule of law we know today; giving a strong starting point for academics such as Lord Bingham and Joseph Raz whom later on developed the formal and substantive theories of the rule of law. Dicey has three key principles: no punishment unless there is a breach of the law; Law should not be exercised arbitrarily; and there should be a consistency in the creation of law. Dicey simply means that an individual should be aware of laws which apply to them, they are free to act as they please, whether they
This type of rule of law is upheld through administrative law and by the practice of judicial review. This states out the fact that ‘no one is above the law’ , although there are some aspects that can undermine this factor. Take for instance the powers of the prime minister who’s powers are based solely on the Royal prerogative which is not subject to judicial
Law is the foundation of central structures of social life on which society’s integrity depends, which is why Petrazycki, Ehrlich and Habermas perceive it to be a key steering mechanism in society,
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.