Principles of the Rule of Law
Commentary on the Rule of Law
Education Resources
Court Education Program
About Us
At its most basic level, the rule of law is the concept that both the government and citizens know the law and obey it.
About Us
All the way back to the sealing of the Magna Carta in 1215, the foundations of an independent judiciary, the separation of powers, punishment according to the law and a fair trial, were introduced for the protection of individual rights and holding the King to account. These foundations protected against arbitrary rule and ensured those in power were held accountable according to the law.
Australia’s foundations in a democracy under the rule of law are based upon the legacy of the Magna Carta. They rely on the ability of all people to have their say and to hold those in power to account.
For democracy under the rule of law to survive, Australian students must have the understanding and tools to be active and informed citizens, who at times can criticise those in power and ensure they act according to the law. Australian students need to value the institutions and processes that provide checks and balances and avenues to raise concerns such as a free press, independent judiciary and parliamentary process and review.
And this is what we do at the Rule of Law Education Centre. We are the Champions of the Rule of Law and democracy in schools and in the community. We fill the gap that the government funded organisations cannot do, lest they bite the hand that feeds them.
We do this by
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- Creating education resources that provide an understanding of the rule of law in our democracy,
- School excursions to courts, and
- Provide commentary on breaches of the rule of law which fosters respectful debate.
The Rule of Law Education Centre was formed in 2015 and is an independent, politically non-partisan, gift deductible entity formed to educate Australians about the Magna Carta and Rule of Law. The rule of law is above politics. In order to remain effective advocates for the rule of law, we must remain free to criticise both sides of politics when, in our assessment, they threaten the principles of the rule of law.
Why the rule of law and Magna Carta are relevant today
The rule of law is an idea that all people, including those in power, should be ruled by the law and be willing to live by and obey its expectations. These important ideals come from a period 800 years ago, when King John of England was forced to agree to the terms and conditions of a Great Charter, later to become known as the Magna Carta.
These clauses were based on the expectation that everyone, including the King, would be ruled by the law and abide by it, as well as deliver justice in accordance with the law.
Where there is no rule of law, arbitrary rule can take over in the form of authoritarianism or anarchy.
Important checks and balances are notably absent under these conditions encouraging corruption and violence, resulting in dangerous and unpredictable societies.
Education Resources on the Magna Carta
– Magna Carta and Human Rights
– Magna Carta and Checks and Balances
– Magna Carta in Australia today
Education Resources on the Rule of Law
We use the Rule of Law Wheel to explain what we mean by the rule of law. The Rule of Law Wheel illustrates the key principles, institutions and checks and balances that are present in a society that operates under the Rule of Law.
The following principles are fundamental to the rule of law;
- All people are ruled by the law
- The law is clear, known, and enforced. It is made by representatives of the people in an open and transparent way
- The judicial system is independent and resolves disputes in a fair, prompt and public manner
- All persons are presumed innocent until proven guilty
- Checks and balances such as the separation of powers, limit the use of government power
- The government acts in public interest according to law and as such is a model litigant that sparingly introduces retrospective laws
- A society that supports, upholds and is able to criticise those in power
Our Education Resources have been created by our team of teachers and support knowledge development that aligns with syllabuses Australia wide, but also helps to create critical thinkers that will question decision making by those in power – government, executive or judiciary.
All our resources can be found on our Education Page or by clicking the below buttons.