Rule of Law Lectures
Rule of Law and Government Overreach
In 2022, Margaret Cunneen SC spoke with Charif Kazal about ICAC and Government Overreach
Mr Kazal is an Australian businessman who was targeted by NSW Independent Commission Against Corruption.
Mr Kazal has been found by NSW ICAC as guilty of corrupt conduct but was not criminally charged nor able to challenge the findings of ICAC.
It would be a mistake, to view this absence of prosecution as beneficial for Mr Kazal. Because there is no merits review of ICAC’s determinations, a criminal trial would have given him the opportunity to have the facts that led to the commission’s finding subjected to scrutiny.
Instead, he has been labelled as corrupt and denied access to the one forum that could have determined conclusively whether he was in fact guilty of wrongdoing: a criminal trial. He has had his reputation damaged which impacts his family and his ability to conduct his family business.
The case of Mr Kazal shows that there needs to be some mechanism for those labelled as ‘corrupt’ by ICAC to test the findings in a court of law and some form of exoneration protocol introduced.
Related Resources
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Mr Kazal has been found by NSW ICAC as guilty of corrupt conduct but was not criminally charged nor able to challenge the findings of ICAC. Mr Kazal has tried to clear his name through the International Human Rights Conventions.
The case of Mr Kazal shows that there needs to be some mechanism for those labelled as ‘corrupt’ by ICAC to test the findings in a court of law and some form of exoneration protocol introduced.
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Henry Ergas AO’s address on ‘From Magna Carta to Antisemitism – the call for justice for all’ outlined the anniversary of the Magna Carta, its role as a promissory note with promises of justice for all and the liberal temper under threat.
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Walter Sofronoff KC’s address on ‘Why has the Rule of Law arisen in human existence?’ asked “Is the Rule of Law part of human existence? Why does this arise and come from?”
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Paul Kelly’s address on ‘The Voice to Parliament and the Referendum’ considered whether it contradicted the principle of equality before the law and equality of citizenship.
Explore Related Topics
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Anti Corruption Commissions
Anti- Corruption Bodies are established by Parliament as a powerful tool to eradicate corruption. These bodies are granted extensive powers, but without adequate checks and balances, they can ruin reputations and erode human rights.
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What is the Rule of Law
The rule of law is the concept that both the government and citizens know the law and obey it. There are clear, fair, and predictable laws and no one is above the law. Independent courts, separation of powers, and checks and balances protect rights, limit arbitrary power, and provide a stable, democratic framework for justice and accountability in modern society.
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Checks and Balances
Checks and balances ensure that power is divided across different branches and institutions of government so no single body can exercise unchecked authority. By requiring each branch to limit, review, or oversee the others, this principle protects against the abuse of power and supports accountable, lawful government.