The concept of the rule of law
In democratic nations such as Australia the
primary role of the government is to make laws that serve and protect its
citizens. When making these laws, governments have to ensure that they conform
to the country’s constitution, which has been designed to prevent any abuse of
power. A political party that aspires to form a government has to convince
society that its policies are the best available for that society. If the party
in government fails to make laws that serve society competently, it is at risk
of being voted out of power.
In a democratic society such as Australia
the power of parliament is controlled by the Commonwealth Constitution.
Courts are independent of the government.
Their role is to interpret the law, determining what it does and does not
allow. No person or group stands above the law and no one may violate it
without punishment. In essence, the rule of law ensures that the exercise of arbitrary power [1]by any group is not possible. In a
democratic
society the law covers all aspects of
government, and everyone is considered to be
equal before it. The individual is deemed to
have value and dignity.
The Australian legal system embodies a wide
variety of inter-related principles, including:
•
independence of the judiciary
•
the right of the accused to a fair trial
•
individual rights in relation to arrest and questioning procedures
•
provision of Legal Aid for those unable to afford their own
defence
•
the right of a person not to incriminate themselves
•
the
right of the accused to provide a defence that is free from state interference
•
the
right of the accused to be informed of the alleged crime with which they are being
charged.
•
In
addition to all of these, the most important principle is that the law must
•
apply equally to all, regardless of status or position
in society.
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