Rule of Law Flashcards
What is the Rule of Law
The founding principle of Australia’s legal system which states all people are equal before the law, and the government is subject to the law.
List the Hierarchy of Principles
- Equality before the law
- Checks and Balances on the Use of Power
- Right to Silence
- Presumption of Innocence
- Fair Trial + Independence of Judiciary
- Right to Assemble
- Democracy through Formal Legal Processes
- Access to Justice
- Freedom of Speech/Media
Equality before the law
It is unlawful to discriminate against people on the basis of race, colour, descent, national or ethnic origin, sex, and gender.
Checks and Balances on the Use of Power
In order to prevent an oppressive government and avoid corruption, the three powers of government should be held by separate bodies.
Right to Silence
A person has the right to refuse to answer police questions unless they are required to by legislation. This means that you have the right to remain silent when questioned prior to or during legal proceedings.
Presumption of Innocence
The prosecution carries the burden of proving the charge, and guarantees that no guilt can be presumed until the charge has been proved beyond reasonable doubt.
Fair Trial/Independance of Jury
Judges are not subject to pressure and influence and are free to make impartial decisions based solely on fact and law.
Right to Assemble
You have the right to assemble peacefully with others in a public place. However this right is subject to restrictions that are necessary and reasonable for: Protecting public safety, Maintaining public order, and The protection of others’ rights and freedoms.
Democracy through Formal Legal Processes
Every person, regardless of who they are, is subject to the same law and has access to the same legal and judicial processes. The rule of law is enshrined in the Australian Constitution.
Access to Justice
All Australians have, under the law, the right to seek justice.
Freedom of Speech/Media
Section 16 of the Human Rights Act 2004 (ACT) states that: Everyone has the right to hold opinions without interference. Everyone has the right to freedom of expression.
Why is the Rule of Law important?
- It gives a predictable and ordered society.
- It promotes justice, fairness, and individual freedom.
- It provides a shield against the arbitrary exercise of power and ensures that judges are independent from the people and institutions whose actions are challenged.
