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In brief: what is the rule of law?

In brief: what is the rule of law?. See http://www.ruleoflaw.org.au for other case studies on the rule of law appropriate for legal studies. What is the RoLIA ?. An independent, not for profit organisation promoting discussion of the rule of law and transparency in government

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In brief: what is the rule of law?

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  1. In brief: what is the rule of law? See http://www.ruleoflaw.org.au for other case studies on the rule of law appropriate for legal studies

  2. What is the RoLIA? • An independent, not for profit organisation promoting discussion of the rule of law and transparency in government • Runs initiatives in schools and universities to support learning about the rule of law • Conducts research in regard to rule of law issues

  3. Power and Law Two opposed concepts: Power – the capacity to influence the world Law– rules created through democratic processes in parliament (statute), or by judicial decisions (common law) Law is created to control power.

  4. What is the rule of law? That all are subject to the law: - government - individuals - business, big and small That the law is applied equally to all regardless of how powerful they are…

  5. How does government put checks and balances on its power? See also: The Secret Business of Making a Judge in The Global Mail 23/03/12: http://bit.ly/OWfwWZ

  6. Above the law? • If Government exceeds its power it is acting as if it is “above the law” – in other words: it is acting illegally – this is why checks and balances exist! • Sometimes governments make laws which grant powers that are too broadly defined and therefore unpredictable. This can lead to uncertainty in the legal system • The rule of law supports fairness and stability in the legal system, and in society

  7. Rights and Freedoms • Laws which affect individual rights and freedoms: • is there anything the government should not be able to make laws about? • If laws limit individual freedoms how is the use of that power kept accountable and transparent? • The judiciary is key in protecting the rights of the individual against the power of the state

  8. Should we assume the worst? • Potential abuse of power does not mean we should not give power to the police, government agencies, individuals… • Law must regulate power effectively • Those who use power must have limits and be accountable for their actions • The rule of law is not about good law or bad law, or law that is ‘right’ or ‘wrong’

  9. Rights and freedoms essential to the operation of the rule of law • Right to be brought before a court, habeas corpus • Right to a fair trial and procedural fairness • Freedom of speech • Freedom of the press Taking away these rights or restricting them limits access to justice and equality before the law If decisions cannot be challenged or appealed through legal processes can justice exist?

  10. Rule of Law Institute of AustraliaSeewww.ruleoflaw.org.aufor other cases appropriate for Legal StudiesThank youAvailable at our websitewww.ruleoflaw.org.au

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