Rule of Law Flashcards
What does the Rule of Law mean in Australia?
The Rule of Law is a legal tradition in Australian
society. At its simplest it requires that we have laws
that are followed and enforced.
Equality before the law
Equality before the law means that the law should
apply to all people equally regardless of their status
in society - rich or poor, young or old, regardless of
their race, culture, religion, or any other attribute.
Checks and Balances
Where law grants powers there must be checks and
balances on the use of power to ensure that the
government and individuals act according to the law.
Presumption of Innocence
The presumption of innocence ensures individuals
are punished only when found guilty. Independent
and impartial judges ensure that trials are fair
and, that justice is achieved for victims and the
accused.
Rule of Law
The Rule of Law also requires that people can speak
freely about problems with the law - individuals
must be able to do this without fear or persecution
and be free to assemble peacefully in public.
Legal System
Our legal system must be accessible to all or people
may think the law is useless and, the law must be
knowable so people can follow it.
Originated
The rule of law in Australia was part of the system of
English law which was shaped by the Magna Carta in
1215.
The Magna Carta was a landmark document that
required checks and balances on the use of power of
the king - even the King of England was not above the
law according to the Magna Carta
Our legal system provides:
- ways to settle disputes between parties
- just outcomes when a person is accused of a crime
- protection for individuals’ rights, and
- solutions to legal problems
Importance
The rule of law is fundamental in maintaining a free,
democratic, tolerant and prosperous society.
While the law and the needs of society change, the rule
of law principle remains the same: it promotes freedom
from tyranny by ensuring checks and balances on the
use of power.
Quote
“Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,” Preamble to the Universal Declaration of Human Rights (1948)
