Rule of Law (EXAM)

Question 1

What is the Rule of Law?

Answer 1

All persons and organisations including the government are subject to and accountable to the law
The law is clear, known, and enforced
The Court system is independent and resolves disputes in a fair and public manner
All persons are presumed innocent until proven otherwise by a Court
No person shall be arbitrarily arrested, imprisoned, or deprived of their property
Punishment must be determined by a Court and be proportionate to the offence

Question 2

Define Rule of Law

Answer 2

(1) that the people (including, one should add, the government) should be ruled by the law and obey it and
(2) that the law should be such that people will be able (and, one should add, willing) to be guided by it.”
Who said “The Constitution of the Commonwealth of Australia entrenches the rule of law in the thin but vital sense that there is no Commonwealth power, legislative, executive or judicial that can be exercised other than with the authority of the Constitution or laws made under it.”

Question 3

Who said “The Constitution of the Commonwealth of Australia entrenches the rule of law in the thin but vital sense that there is no Commonwealth power, legislative, executive or judicial that can be exercised other than with the authority of the Constitution or laws made under it.”?

Answer 3

CJ Robert French AC

Question 4

Who were the three main framers of the constitution?

Answer 4

Sir Henry Parkes
Sir Samuel Griffin
Inglis Clark

Question 5

What are the three main aims and tenets of the Rule of Law? Per Dicey

Answer 5

A man can only be punished if it was proved in court that he breached a law. This means that the Sovereign cannot punish people arbitrarily.

No man is above the law, and everyone is equal before the law. This means that the law applies to everyone in the exact same way regardless of social, economic or political status.

The Constitution (the law) is the result of previous judicial decisions determining the rights of private persons.
This means the constitution is not the source of the law, but the consequence of inherent rights. We don’t derive our rights from the Constitution; the Constitution is the result of our rights.

Question 6

In what case was the rule of law “assumed” as part of the constitution by Dixon J?

Answer 6

The Communist Party v Commonwealth

Question 7

What are the three elements of the Rule of Law per A.V. Dicey?

Answer 7

1) The absolute supremecy or predomanciy of regular law as opposed to influence of arbitary power
2) Equality before the law
3) The laws of the constitution are not the siurce of law but the consequences of the right of individuals as defined by the courts

Question 8

According to Raz, there is a linkage between morality and the law

Answer 8

False, there is no necessary connection between law and morality. The law should be balanced with other values and should not always trump them.

Question 9

What are the values of public law?

Answer 9

Freedom
Equality
and, Community