What is the Rule of Law?

Testing elements of the Rule of Law Wheel with Criminal Case Studies - R v White

Learning Intentions

Explain how the rule of law principles are applied by the Australian justice system in a criminal case to support equality before the law and human rights

Activity 1:

Uphold or challenge? Complete the table by identifying how this case either upholds or challenges/tests elements of the Rule of Law Wheel.

A table comparing principles of the rule of law with a score guide from 1 to 5 indicating the strength of adherence, including elements such as accessibility, equality, human rights, impartiality, public criticism, and law enforcement.

Activity 2: Rule of law considerations in R v White

Create a PPT that provides a response to the question, justifying your perspective with relevant elements of R v White.

A table titled 'Rule of Law Elements' with two columns: 'Laws must be applied equally' and 'Considerations'. It includes rows discussing topics like equality, no one above the law, human rights, dispute resolution, independence of judiciary, fairness in the law, people should only be punished in accordance with the law, support for active citizens, and fair enforcement of laws, with detailed explanations for each.

Extension activities

Question 1 (4 Marks)

Explain how the case of R v White demonstrates the use of institutional "checks and balances" within the Australian legal system.

Question 2 (8 Marks)

Evaluate the extent to which the NSW criminal justice system achieved a balance between the rights of the victim, the rights of the offender, and the expectations of society in R v White. In your answer, refer directly to at least two spokes of the Rule of Law Wheel.

Related Resources

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  • Presumption of Innocence

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  • Independent and Impartial Judiciary

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