Publications, Papers and Submissions

The Rule of Law Institute of Australia will post on its web site key documents on rule of law issues including submissions to government and parliamentary bodies, papers given at conferences and publications of conference proceedings.

Key Documents

• Survey on the work of the Senate Standing Committee for the Scrutiny of Bills by Laura Hicks
• 14 May 2012
• Senate Hansard -
• 10 May 2012
• RoLIA Senate Estimates Survey #4
  1 May 2012
• RoLIA Annual Report 2011
• Dec 2011
• Speech by The Hon. Justice BJ Preston, Chief Judge, Land and Environment Court of NSW - 'The enduring importance of the rule of law in times of change' 
• October 2011
• UNSW Business and Human Rights Presentation by Professor Robert McCorquodale, Director of the British Institute of International and Comparative Law 
  September 2011
• Freedom of the Press and Freedom of Speech in Australia
  September 2011
• Media Democracy and Rule of Law - PowerPoint Presentation to UNSW Conference
  September 2011
• Case was not special AFR September 2 2011 Malaysian Swap Deal
  September 2011
• Extract from PJC on Corporations and Financial Services - ASIC Coercive Powers 2011
  August 2011
• Model Litigant Rules: Key Facts and Cases (Draft)
  August 2011
• Regulator Power and Accountability Presentation to BFSLA Conference 5 August 2011 By Richard Gilbert
  5 August 2011
• Journalist Shield Laws - Sydney Morning Herald and the NSW Crime Commission by Robin Speed
  April 2011
• Henry VIII Clauses & the rule of law powerpoint slides
  April 2011
• Henry VIII Clauses & the rule of law (Draft)
  April 2011
• Legal Studies State Conference slides
  March 2011
• Richard Gilbert ASIC Summer School slides
  February 2011
• RoLIA Senate Estimates Survey #3
  January 2011
• RoLIA Legislative Output Indicator
  January 2011
• RoLIA 2010 Annual Report
  October 2010
• RoLIA Senate Estimates Survey on ACMA and TGA
  October 2010
• RoLIA Senate Estimates survey on the economic regulators No.2
  August 2010
• Commonwealth Model Litigant provisions
  Added August 2010
• RoLIA Senate Estimates survey on the economic regulators
  May 2010
• The High Court Strikes Two Blows for the Rule of Law by Suri Ratnapala - Professor of Public Law, T C Beirne School of Law, University of Queensland
  Feb 2010
• The Rule of the Regulator by Robin Speed
  9 Dec 2009
• Implications of the proposed Human Rights Act for the rule of law as manifested in Australian courts by Richard McHugh
  3 Dec 2009
• Address by Robin Speed to Rule of Law Conference
  20 Nov 2009
• Address by Ian Govey (AG’s Dept Clth) to Rule of Law Conference
  20 Nov 2009

Submissions

RoLIA Submission on the Crimes Legislation Amendment (Powers and Offences) Bill 2011

13 Jan 2012

RoLIA Submission on Deterring People Smuggling Bill 2011

9 Nov 2011

RoLIA Submission on Statutory Cause of Action for Serious Invasion of Privacy

4 Nov 2011

RoLIA Submission on 'Discussion Paper- Privilege in realtion to tax advice'
27 July 2011

RoLIA Submission and evidence on 15 June 2011 to the Parliamentary Joint Committee on Corporations and Financial Services re ASIC oversight
15 June 2011

RoLIA Submission of 3 June 2011 to the House of Representatives Economics Committee inquiry into price signalling
3 June 2011

RoLIA Submission to the Senate on the Migration Amendment (Strengthening the Character Test and Other Provisions) Bill 2011
30 May 2011

RoLIA supplementary submission re National Vocation Education and Training Regulator Bill 2010 & ors
14 March 2011

RoLIA submission re National Vocational Education and Training Regulator Bill 2010 & ors
9 March 2011

RoLIA submission re Australian Law Reform Commission
27 January 2011

RoLIA supplementary submission re Corporations Law Amendment (No.1) Bill 2010. View ASIC's letter responding to coercive powers disclosure requirements & relevant Hansard
8 November 2010

Transcript of RoLIA's Vice President Malcolm Stewart's oral submissions at Economics Committee hearing re Corporations Law Amendment (No.1) Bill 2010
3 November 2010

RoLIA submission re Corporations Law Amendment (No.1) Bill 2010
18 October 2010

RoLIA submission re The adequacy of protections for the privacy of Australians online
29 September 2010

RoLIA submission re National Legal Services Board
9 July 2010

RoLIA second submission re Inquiry into the future role and direction of the Senate Scrutiny of Bills Committee
24 June 2010

RoLIA submission re Tax Laws Amendment (Public Benefit Test) Bill 2010
23 June 2010

RoLIA submission re Stern Hu, the rule of law and the China-Australia Consular Agreement Read the reply here
10 May 2010

RoLIA submission re Anti-People Smuggling and Other Measures Bill 2010
19 April 2010

RoLIA submission re Inquiry into the Tax Laws Amendments conflict with Parliamentary Privilege
9 April 2010

RoLIA submission re Inquiry into the future role and direction of the Senate Scrutiny of Bills Committee
6 April 2010

RoLIA submission re Inquiry into Tax Laws Amendment (Confidentiality of Taxpayer Information) Bill 2009
2 Mar 2010

RoLIA submission on whistleblowing
9 Dec 2009

Essential Reading

RoLIA seeks to promote understanding and awareness of the rule of law amongst government, legal practitioners, the media and the community.

Set out below is a list of recommended books, journals and articles addressing the rule of law.

Books

• Walker, G., The Rule of Law: Foundation of a Constitutional Democracy, Melbourne University Press, 1988.
• Saunders, C. and Le Roy, K. (eds.), The Rule of Law, The Federation Press, 2003.
• Tamanaha, B., On the Rule of Law: History, Politics, Theory, Cambridge University Press, 2004.
• Castle, T. (ed.), Speeches of a Chief Justice: James Spigelman 1998-2008, CS2N Publishing, 2008 (Chapter II: The Rule of Law).
• Bingham, T., The Rule of Law, Allen Lane, 2010.

Journals

• Hague Journal on the Rule of Law, Cambridge University Press.

Articles and Speeches

• Paper given by Lord Neuberger of Abbotsbury, Master of the Rolls, 'Open Justice Unbound?', Judicial Studies Board Annual Lecture
• 16 Mar 2011.
• Paper given by Nicholas Cowdery AM QC at the Rule of Law Conference 2010 'The rule of law and a Director of Public Prosecutions'
• 6 Nov 2010
• Paper given by Dr Melissa Perry QC at the Rule of Law Conference 2010 'Administrative Justice and the Rule of Law: Key Values in the Digital Era'
• 6 Nov 2010
• Paper given by The Hon Justice Paul Brereton AM RFD at the Rule of Law Conference 2010 'The Director of Military Prosecutions, the Afghanistan Charges and the Rule of Law'
• 6 Nov 2010
• Paper given by The Rt. Hon Lord Goldsmith QC PC at the Rule of Law Conference 2010 'Democracy coping with terror'
• 6 Nov 2010
• Outline of speech given by Professor George Williams at the Rule of Law Conference 2010 'The ABCC and the Rule of Law'
• 6 Nov 2010
• The Hon Michael Kirby AC CMG, 'The rule of law beyond the law of rules' (2010) 33 Aust Bar Rev 195.
• Brent Salter, 'Lachlan Macquarie and the rule of law', (2010) 33 Aust Bar Rev 222.
• Ian Govey 'Issues of Consistency, standards and compliance' AAT/ ACT Bar Association Seminar Obligation to Assist: Model Litigants in AAT Proceedings
• 26 Aug 2009
• Speech by Commissioner Scipione of the New South Wales Police to the Goulburn Police Academy
• 17 Dec 2009
• Speech by D'Ascenzo, M., "The Rule of Law: a corporate value", to the Law Council of Australia rule of law conference, Brisbane
• 1 Sep 2007
• Article by George Williams and Nicola McGarrity, 'The Investigatory Powers of the Australian Building and Construction Commission’ (2008) 21 Australian Journal of Labour Law 244-279
• Speech by The Rt. Hon Lord Bingham of Cornhill, KG, House of Lords, "The Rule of Law", Centre for Public Law, University of Cambridge
• 16 Nov 2006
• The Hon Michael Kirby AC CMG,'Independence of the Legal Profession: Global and Regional Challenges', Address to the Law Council of Australia, Presidents of Law Associations in ASIA Conference
• 20 Mar 2005
• Justice J D Heydon AC QC, Judicial Activism and the Death of the Rule of Law', Address to Quadrant Dinner
• 30 Oct 2002
• Paper of the Rt. Hon Lord Moulton, 'Law and Manners', The Atlantic Monthly
• July 1924 - Also see prefatory remarks to this article and the Australian Law Journal (1999) 73 ALJ 256-274 which includes this speech and the republished speeches of John Buchan's 'Judicial Temperament' and John Silber's 'Obedience to the Unenforceable'.