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Principle of Legality

The Principle of Legality Return to Principles What is the Principle of Legality? The Principle of Legality is a common law presumption that seeks to protect citizens from arbitrary power. It presumes that Parliament does not intend to interfere with fundamental...
Retrospective Laws

Retrospective Laws

Retrospective Laws Return to Principles Retrospective laws are functional and operative in Australia despite their apparent inconsistency with the Rule of Law and their abrogation of human rights. The Australian Constitution does not prohibit State or Federal...
Approaches to the Rule of Law

Approaches to the Rule of Law

Approaches to the Rule of Law The rule of law is a complex concept that has been debated and analysed by scholars for centuries.  At its core, the rule of law is concerned with the fairness, accessibility, and efficiency of the legal system, from the creation of laws,...
Separation of Powers

Separation of Powers

Separation of Powers Return to Principles Under the rule of law, people are ruled by the law and not by individuals.  Checks and balances via the separation of powers are critical to ensure the spread the power between those who make the law, those who...

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