Chapter 9.4

Question 1

who is the rule of law upheld by

Answer 1

The rule of law is not only upheld in our criminal and civil justice system but it is also upheld through the Australian constitution, the parliaments the courts and law reform.

Question 2

The rule of law

Answer 2

The rule of law means that everyone - individuals, groups and the government - is bound by and must adhere to the law. No matter what a person authority or position, they must comply with laws. This includes member’s of parliament, leader of government, judges and public officials. even the people who make the law are bound by it. the rule of law also means that laws should be such that people are willing and able to abide by them.

Question 3

principles that seek to uphold the rule of law

Answer 3

• the Australian Constitution acts as a check (restraint) on parliament in law-making so that
  parliament does not have unlimited power
• judges interpret the law free from the pressure of government and are independent of government
  and parliament
• the laws made by parliament are subject to open and free criticism, and people can seek to
  influence a change in the law
• people are free to associate and assemble without fear, which includes demonstrating against laws
  they see as unfair
• people can use the courts to challenge laws made by parliament
• judges are able to interpret laws made by parliament when a case comes before them that requires
  the meaning of the law to be clarified.