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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...
Law is known and accessible

Law is known and accessible

The Law is Known and Accessible Return to Principles The law must be known and predictable so that all people are able to be guided by it and know clearly the consequence of their actions. The laws must also be comprehensible and clear with limited government...
Law and Administration open and free criticism

Law and Administration open and free criticism

Open and Free Criticism Return to Principles The rule of law requires open and free criticism of the law and the administration of the law. This principle is underpinned by the concept of freedom of speech, which includes the freedom to express and communicate one’s...

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