[Music] the rule of law is not a phrase well understood in australia in australian governance it can often go unnoticed ignored or even forgotten the rule of law underpins our democratic society through representative government the idea that the people have all the power it protects our rights from individuals in a higher position who think the law does not apply to them one of the reasons we do not notice the rule of law in action is simply because it all works so well the magna carta which is latin for the great charter was a list of demands and expectations forced on the evil king john of england in the year 1215 king john tortured people living in his kingdom by starving them and throwing them into prison for the smallest of reasons he also took their wives and their castles the magna carta established the rule of law and the idea that all citizens including those in power should be fairly and equally ruled by the law the king is no longer above the law on the 15th of june 1215 king john sealed the magna carta by doing this he was now saying i agree to follow the laws of the land this outcome is the main principle of the rule of law no one is above the law in australia today laws are made by the parliament and then administered and interpreted by the courts to secure a safe and free society for all citizens under the rule of law everyone including the prime minister and law enforcement officers must follow the law there are no exceptions [Music] we are ruled by the law and the law alone under the magna carta punishment could only be justified by a breach in the law the punishment must also be fair and fit the crime committed this meant that no one could be tortured just because they may have offended the king today in australia the rule of law protects our property rights and freedom by the courts which follow recognized procedures one procedure comes directly from the magna carta clause 39 no free man shall be seized or imprisoned or stripped of his rights or possessions or outlawed or exiled or deprived of his standing in any other way except by the lawful judgment of his equals or by the law of the land this is called due process qualified independent judiciary independent meant not under coercive control of the king this ensured that the people could go to a judge if they had a dispute an independent judge could deliver an authoritative final and enforceable solution including a disagreement someone may have had with the king today mechanisms are provided in the australian constitution to ensure independence in all decision-making processes such as a separation of powers the legislature executive and judiciary are all independent in their decision-making abilities where the impartiality of judges is maintained this means our judges remain separate from those who make the laws the legislature this process ensures that citizens receive a fair hearing if they ever find themselves in disputes with the law confidence in fair process ideally under the rule of law all people will be treated equally and fairly by the law and given the same consideration regardless of their position and wealth in society their race gender nationality or beliefs this is one of the most important principles of the magna carta ensuring everyone will receive a fair trial without improper influence or corruption a fair trial includes an independent court like we just talked about with an independent judiciary open to the public to observe is held promptly and without undue delay and finally it considers the accused innocent until proven guilty [Music] known by all after the magna carta was agreed to many copies were made and sent out to all of the towns and churches it was reissued many times by subsequent kings and queens the document was read aloud twice a year and posted all over the towns including nailed to church doors this way the law was widely known and every person knew the king was also required to follow the law and in doing so accepted the consequences of potentially breaking the law the rule of law in australia can be traced back to the ceiling of the magna carta in 1215. the original clauses of the magna carta cannot be found word for word in our laws but are the foundations which protect human rights in australian society by providing a safe and secure society where justice and freedom underpin the foundations of our parliamentary democracy [Music] to reflect upon the magna carta and its influence on the rule of law try answering the following questions 1. why was it so important for the magna carta to be distributed recognized and regularly reissued to all of the people of england 2. under the rule of law what do you think would happen if the prime minister broke an australian law three if one of our leaders was able to sack or cut the pay of a judge he did not like or agree with how might this influence future decisions by a cause of law and four how does due process help to deliver [Music] justice