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...
Inquiry into Civics Education, Engagement and Participation in Australia The Joint Standing Committee on Electoral Matters adopted an inquiry into civics education, engagement, and participation in Australia on 27 March 2024, following a referral from the Special...
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 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,...
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...
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...
