rule of law Flashcards
How is law known
People subject to the law should have an opportunity to know a law exists before it is applied. It is for this reason that once a law is passed by parliaments and assented to by the executive it is published.law is published through government gazelles
Law should be clear
law should only apply after they were created and not a time before the law is applied.
Laws are made in futuro not in ex post facto
Methods of upholding the law
Judicial independence guarantees that judges cannot be pressured by government or powerful people to make decisions in court that would apply the law unequally to some individuals or groups
Courts must be free from of pressure and interference from governments and other so they can adjudicate matters purely on the basis of the law.
Universality of the law
It means no one is above the law. Rule of law exists because law override customs and traditions.
This is very controversial in Australia as the Aboriginals say they have never given surrendered their sovernity in 1788. Some people call this invasion day
Consistency of law
Law should be applied consistently and to ensure the law is applied fairly to all individuals.
Scoiety sometimes exlucdes certain such as children they are not fullly devloped and cannot understadn the law
What is the rule of law
Rule of law is the principle everyone is subject to the law even those who create and administer the law
EX.COURT, JUDGES,GOVERNMENT, POLICE
Example of universality of law?
Migrants from other countries who customs conflict with Australian values and law.
Female mutilation and child marriages are some customs being carried but do as the Australia law overrides the customs, the migrants must adhere to the law.
