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Principles of the Rule of Law
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At its most basic level, the rule of law is the concept that both the government and citizens know the law and obey it.
Recent Blog & News
Presentation to Legal Studies Association on Media and Social Media as a non legal response
How does NSW ICAC measure up?Delayed Justice The legacy of a fair and prompt trial goes back to clause 40 of the Magna Carta which states "To no one will we sell, to no...
What Safeguards does a Federal ICAC need? Designs for the proposed National Integrity Commission Benchmarks that could help you reach your own conclusions when...
In Dobbs, both the majority, and the minority, rely upon the rule of law in aid of their judgments for the constitutional validity, and invalidity, of State laws permitting abortion.
The Constitution is the most important law in Australia. It establishes the rule of law in Australia and outlines a list of law detailing how the nation is to be governed.
How do you stop a dictator? What do you do when you are ruled by a tyrant
Surprisingly, the answer comes from the Magna Carta. A time in 1215 when the English were ruled by a tyrant, King John.
Magna Carta and Human Rights What is the relationship between the Magna Carta and Human Rights? The Magna Carta, which is Latin for The Great Charter, was a list of...
Wise Words from Hon Sir Brennan Sir Gerard Brennan, the former Chief Justice who was primarily responsible for recognising Aboriginal native title, has died at the age...
About Us
Rule of Law Education Centre was formed in 2009 and is an independent, politically non-partisan, gift deductible entity formed to uphold the rule of law in Australia. The Centre educates and informs about how the Magna Carta and subsequent rule of law principles have impacted and contributed to the history, culture and legal processes of Australia and to strengthen the rule of law and human rights through education.
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.
The following principles are fundamental to the rule of law
- All people are ruled by the law
- The law is clear, known, and enforced
- The judicial system is independent and resolves disputes in a fair 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
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.
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