Understanding the Rule of Law and Its Institutions

what is the rule of law

no one is above the law, no matter king or cast, and due to that reason they should have the right to a fair and equal trial.

what is the presumption of innocence

A natural right in common law, which means no one person can be punished unless proven guilty at trial in accordance to the law.

What is common law

Law made by judges decisions rather than written legislation. it is created on a case by case basis, building on precedent and interpretation of earlier court decisions.

What is statue law

Law made by parliament that has passed, both the upper and the lower houses and has been given the royal assent by the governor.

What are the key elements of procedural fairness in judicial processes

• independent & impartial arbitrators

• fair and prompt trials

• the presumption of innocence

• the right to silence

• legal representation

• burden of proof

What are the different types of bills?

• Government bills- a bill presented by a member of parliament, usually a minster.

• Private member bills- A bill introduced by non-government individual. IE: the opposition or independents.

What are the three principles of the rule of law?

1. laws must be certain

2. laws must be general

3. laws must be applied equally

How is the rule of law applied in Australia?

1. the law is known and accessible

2. presumption of innocence

3. open, independent and impartial judiciary

4. No retrospective laws should be made

5. laws are made in an open and transparent way by the people

6. government agencies to behave as model litigants

7. fair and prompt trials

8. separation of powers

9. people can only be punished in accordance with the law

10. the law and its administration is subject to open and free criticism