Rule of Law

Introduction

• The rule of law is often taken for granted.
• It's as fundamental to society as breathing.
• Lawyers and the community may overlook it due to its entrenchment in our system.

Definition

• A system that protects against arbitrary exercise of power.
• Underpinned by key features:
  • Defined structure of authority: clarity on who makes, applies, and enforces laws.
  • Accountability: Everyone, including courts, is accountable through review and appeal systems.
  • Separation of powers: Judiciary remains independent of the executive.
  • Justice and fairness: Equal treatment under the law, no one is above it.

Criminal Law & Presumption of Innocence

• Everyone enjoys presumption of innocence.
• Clear rights and obligations at all legal stages.

Contrasting Examples

Overseas Scenario

• Imaginary travel experience in a remote location.
• Language barriers with local law enforcement.
• Arbitrary detention without understanding or legal aid.
• Sudden sentencing without clear communication or defense.

Australian Scenario

• Legal protections in place:
  • Police need a valid reason to search or arrest.
  • Right to be informed of arrest reasons.
  • Right to speak with a lawyer and maintain silence.
  • Interpreters available if needed.
  • Right to a phone call.
  • Clear court proceedings and explanations.
  • Right to know evidence and participate.
  • Right of appeal if found guilty.

Conclusion

• The rule of law is characterized by:
  • Accountability
  • Transparency
  • Presumption of innocence
  • Right to participate
  • Application of natural justice
• Ensures fairness in legal practice.
• Judges are committed to upholding these principles.