Lecture Notes: The Rule of Law in Australia
Introduction
- Rule of Law: Vital for democratic society in Australia. Often unnoticed because it functions well.
- Role: Protects rights from individuals who may believe they are above the law.
Historical Background: Magna Carta
- Origin: Imposed on King John of England in 1215.
- King John committed injustices like wrongful imprisonment, property seizure.
- Significance: Established that all, including the king, are subject to the law.
- King John sealed the Magna Carta on June 15, 1215, agreeing to obey the law.
Principle of Rule of Law
- Core Idea: No one is above the law.
- Implementation in Australia:
- Laws made by Parliament, administered by the courts.
- Includes all citizens, including leaders, under the same legal obligations.
Key Provisions from Magna Carta
- Punishment: Must be justified by law and proportional to the crime.
- Prevents arbitrary punishment based on personal grievances.
- Protection of Rights: Protects property and freedom through recognized procedures.
- Derived from Clause 39: No free man shall be deprived except by the lawful judgment of peers or the law.
Independent Judiciary
- Judiciary Independence: Ensures judges are free from coercive control.
- Guarantees authoritative, enforceable solutions even against the king.
- Australian Constitution: Ensures separation of powers across legislature, executive, and judiciary.
- Maintains judge impartiality, ensuring fair hearings in legal disputes.
Equality Under the Law
- Principles: All people treated equally and fairly, irrespective of status.
- Ensures fair trials without improper influence or corruption.
- Trials open to public observation, prompt, and presume innocence until proven guilty.
Dissemination and Reissuance of Magna Carta
- Public Knowledge: Copies were distributed widely, read aloud, and posted publicly.
- Ensured awareness that everyone, including the king, is under the law.
Influence on Australian Law
- Legacy of Magna Carta: Not directly in laws, but foundational for protecting human rights.
- Provides a safe and secure society, underlying Australia’s parliamentary democracy.
Reflection Questions
- Importance of Distribution: Why was widespread distribution and reissuance of the Magna Carta vital?
- Accountability of Leaders: What should happen if the PM breaks a law?
- Judicial Independence Threats: Impact of leaders influencing judges through dismissal or pay cuts.
- Role of Due Process: How does it ensure justice?
Remember: Rule of law ensures a balanced and fair society where justice prevails, based on principles established as far back as the Magna Carta.