Rule of Law

Question 1

What happened in the case of Gary the Goat?

How was rule of law upheld or undermined.

Answer 1

Gary the Goat’s owner Jimbo Bazzobi was issued with a fine because his Goat (Gary) ate some grass. Jimbo appealed the fine as it wasn’t him but his goat. Lawyer argued that the law is for people not goats.
This shows the importance of the ability to appeal unfair judgements and fines, creating equality under the law.

Question 2

What happened in the case of Isbester v Knox City Council [2015] HCA 20?
How was rule of law upheld or undermined.

Answer 2

Miss Ibesters dog attacked another dog and the other dogs owner. A member of the council (Mrs Hughes) researched the incident and then put together a panel of community members to decided whether or not the dog was dangerous. Mrs Hughes presented the evidence against the dog and it was decided that the dog was going to be put down.
Miss Ibester appealed this decision on the grounds of the apprehended bias of Mrs Hughes as she was acting as a judge who must according to Rule of Law be unbiased in order to insure the presumption of innocence. The decision was retracted and a High Court ruling stated that a new panel would have to be created to hear the case.

Question 3

What happened in the case of Dietrich v The Queen [1992] HCA 57?
How was rule of law upheld or undermined.

Answer 3

Dietrich was charged on four charges relating to drug trafficking. He had no legal representation in the trial despite applying to legal aid. No one was willing to supply legal aid unless he agreed to plead guilty. He was convicted of three out of four charges, but appealed the conviction to the High Court because he was denied legal aid.
The High Court declared a miss-trial as the lack of legal aid undermined his right to a fair trial under the rule of law, upholding the right for all to a fair trial.

Question 4

What is Rule by Law?

Answer 4

Rule by law is where oppressive laws are used to limit the rights of the common people. E.g North Korea.

Question 5

What is Rule of Law?

Answer 5

Rule of Law is the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.

Question 6

What are the four main principles of the Rule of Law?

Answer 6

1. No one is above the law
2. Everyone is treated equally under the law
3. Law must be clear, known and understandable and not in retrospect
4. Must be effective ways of holding government officials accountable

Question 7

4 examples of how Australia upholds the key principles of the Rule of Law

Answer 7

1. Even politicians are accountable and ruled under the law
   (e. g Craig Thompson)
2. Everyone has the same right to legal aid and representation (e.g Dietrich v The Queen)
3. All laws in Australia are made public and are debated by the two houses of legislature and all laws are checked for viability by the Judiciary (Judicial Review)
4. There is free media and political plurality allowing for the government and all its officials to be scrutinised and held accountable for their actions (e.g Craig Thompson being convicted of thirteen charges of theft)

Question 8

4 examples of how North Korea does not uphold the key principles of the Rule of Law.

Answer 8

1. In North Korea the Supreme leader has more power than everyone, meaning that he is able to do what he wants meaning that he often acts above the law
2. In North Korea judges don’t have to have any legal training and it is not a need for there to be any form of representation.
3. There is no judicial review in North Korea as there is no separation of powers. The legislative (Supreme People’s Assembly) is made of one party (the Workers Party) that is the only party in North Korea meaning that the judiciary will have ties to the party and is ultimately under the rule of the Supreme Leader.
4. There is no free media or political plurality in North Korea meaning that there is no way to know what the government is doing wrong, meaning there are no checks and balances to keep it accountable.

Question 9

Define Democracy

Answer 9

A system of government by the whole population or all the eligible members of a state, typically through elected representatives.

Question 10

Define Judicial Review

Answer 10

Procedure by which a court can review an administrative action by a public body

Question 11

Define Accountability

Answer 11

The fact or condition of being accountable; responsibility.