by RuleofLawInstitutePerson | Jan 27, 2016 | All Posts, Education
This post examines the importance of due process to the rule of law in conducting international trials and the prosecution of Ratko Mladić. The trial of Mladić is ongoing, and information about the progress of the proceedings against him can be found on the...
by RuleofLawInstitutePerson | Jan 18, 2016 | All Posts
Why would courts use social media? What are some of the issues they face in joining the ever changing 24 hour new-media cycle? This post by Robert Size explains some of the issues. Courts and Social Media A judicial system under the rule of law must be open and...
by RuleofLawInstitutePerson | Jan 15, 2016 | All Posts, Education
This post examines the work of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and discusses its legacy as its work nears completion. Read part two of this series on the ICTY by Uzma Sherieff about the Prosecution of Radtko Mladić The ICTY and the...
by RuleofLawInstitutePerson | Jan 12, 2016 | Uncategorised
The Institute has lodged a submission regarding proposed extra powers to be given to the Commissioner of Taxation, noting the importance of the equal application of the law, and for transparency and accountability around the exercise of power. The submission follows...
by RuleofLawInstitutePerson | Jan 6, 2016 | All Posts
In December last year, the Institute made a submission to the Review into the Taxpayers’ Charter and Taxpayer Protections, conducted by the Commonwealth Inspector-General of Taxation. This review will evaluate the protections taxpayers have against unfair treatment by...
by RuleofLawInstitutePerson | Dec 4, 2015 | All Posts
The Rule of Law Institute of Australia fully supports calls to make refusing to stand in court a criminal offence. A person cannot have it both ways. To live in Australia but not be subject to the law. It would come as no surprise to the person to be excluded from our...
by RuleofLawInstitutePerson | Dec 1, 2015 | All Posts
The Institute’s Vice President, Malcolm Stewart, spoke to Ross Greenwood on radio station 2UE about a lawyer’s obligation to their clients on Thursday, 26 November. Mr Stewart said the way a law firm structures its business has no bearing on a...
by RuleofLawInstitutePerson | Nov 9, 2015 | All Posts
How the International Criminal Court Upholds the Rule of Law: Exceptions to the Principle of Complementarity and Ne Bis In Idem A key principle of the rule of law is that the law be applied equally and fairly, such that neither the individual nor the State is...
by RuleofLawInstitutePerson | Nov 6, 2015 | Education, ICAC
Nicholas Cowdery AM QC*, former NSW Director of Public Prosecutions, has called for the Independent Commission Against Corruption (ICAC) to be confined to its investigative role and leave ‘prosecution to the experts.’ Mr Cowdery pointed to the importance...
by RuleofLawInstitutePerson | Nov 3, 2015 | All Posts
The Rule of Law Institute and the Department of the Australian Senate held a symposium celebrating the 800th Anniversary of the grant of the Magna Carta on 30 October 2015. The Symposium was held in the Main Committee room at Australian Parliament House in Canberra....
by RuleofLawInstitutePerson | Oct 28, 2015 | All Posts
Judicial discretions to exclude evidence improperly or unfairly obtained – a win for rule of law The recent High Court decision Police v Dunstall [2015] HCA 26 reflects complex rule of law ideas against the backdrop of the judicial discretion to exclude evidence at...
by RuleofLawInstitutePerson | Oct 14, 2015 | All Posts
Attorney General Brandis is planning on introducing new legislation to Federal Parliament to amend the control order anti-terrorism laws. This is being done in consultation with State and Territory governments and has been planned since June 2015. However, after...
by RuleofLawInstitutePerson | Oct 9, 2015 | All Posts
The Rule of Law Institute had the pleasure of attending the EBE Legal Update Conference today and providing resources on the Magna Carta, Bail Laws, and Metadata. Rule of Law Institute CEO Nick Clark spoke on the new Bail Act 2013 (NSW), highlighting changes to the...
by RuleofLawInstitutePerson | Oct 8, 2015 | All Posts
From 8 October to 25 November 2015 the Supreme Court Library of Victoria is hosting the Rule of Law Institute of Australia’s exhibition of a replica of the Salisbury edition of the 1215 Magna Carta. The Library celebrated the 8ooth Anniversary of the Magna Carta...
by RuleofLawInstitutePerson | Sep 30, 2015 | All Posts
Is it possible to break a law that has not yet been made? In Australia the answer is yes. Both State and Federal Parliaments have the power to create retrospective legislation: laws that are made ex post facto – after the fact – so that they apply to events in the...
by RuleofLawInstitutePerson | Sep 17, 2015 | All Posts, Education
Business support for the rule of law – a growing global movement Public support for the rule of law by business is a relatively new concept and it is fast gaining traction. Recent developments at the international level and domestically in Australia are shining light...
by RuleofLawInstitutePerson | Sep 11, 2015 | All Posts
President of the Rule of Law Institute, Robin Speed, writes about the powers of the Parliament, judicial power and the role of the High Court in making decisions about the fundamentals of criminal justice. We are about to witness an unprecedented clash between the...
by RuleofLawInstitutePerson | Sep 9, 2015 | All Posts, Education
This case note is about Smith v The Queen [2015] HCA 27 Procedural Fairness and the Facts of The Case Trial Judge’s Directions to a Jury and Majority Verdicts in Queensland Right to a Fair Trial Jury Decision Making and Interim Votes Procedural fairness is a...
![Beckett v NSW [2015] NSWSC](https://www.ruleoflaw.org.au/wp-content/uploads/2014/09/WebsiteIcons2-14-720x675.avif)
by RuleofLawInstitutePerson | Sep 3, 2015 | All Posts
The long running legal saga of Ms Roseanne Beckett came to a close last week when she was awarded $2.3 million by the Supreme Court of NSW for a malicious prosecution that led to her serving over 10 years in prison – see the full judgement from the Supreme Court...
by RuleofLawInstitutePerson | Aug 18, 2015 | All Posts, Education
Rule of Law Institute of Australia Submission on the Vicious Lawless Association Disestablishment Act 2013 The Rule of Law Institute of Australia (RoLIA) appreciated the opportunity to make a submission to the current review of organised crime legislation in...
