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Principles of the Rule of Law
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Commentary on the Rule of Law
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About Us
At its most basic level, the rule of law is the concept that both the government and citizens know the law and obey it.
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About Us
Rule of Law Education Centre was formed in 2015 and is an independent, politically non-partisan, gift deductible entity formed to uphold the rule of law in Australia. The Centre educates and informs about how the Magna Carta and subsequent rule of law principles have impacted and contributed to the history, culture and legal processes of Australia and to strengthen the rule of law and human rights through education.
The Rule of Law Education Centre and our sister organisation, the Rule of Law Institute of Australia are apolitical as the rule of law is above politics. In order to remain effective advocates for the rule of law, we must remain free to criticise both sides of politics when, in our assessment, they threaten the principles of the rule of law.
Why the rule of law and Magna Carta are relevant today
The rule of law is an idea that all people, including those in power, should be ruled by the law and be willing to live by and obey its expectations. These important ideals come from a period 800 years ago, when King John of England was forced to agree to the terms and conditions of a Great Charter, later to become known as the Magna Carta.
These clauses were based on the expectation that everyone, including the King, would be ruled by the law and abide by it, as well as deliver justice in accordance with the law.
The following principles are fundamental to the rule of law
- All people are ruled by the law
- The law is clear, known, and enforced
- The judicial system is independent and resolves disputes in a fair and
public manner - All persons are presumed innocent until proven guilty
- Checks and balances such as the separation of powers, limit the use of
government power
Where there is no rule of law, arbitrary rule can take over in the form of authoritarianism or anarchy. Important checks and balances are notably absent under these conditions encouraging corruption and violence, resulting in dangerous and unpredictable societies.
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