Australia derives its legal system from the English common law culture. In Australia, the rule of law means the standard that every individual despite of their status, rank, position, office is governed by the same judicial and legal procedures. In other words, both the government and Australian citizens is to respect and obey the law. Thus, neither the government, nor ministers or officers of the government is exempted from the law nor they cannot govern or act with unlimited powers. The main object is that Australian government is made up of law and not by men.
The main object of rule of law is focused on the legality of the activities of the Australian government and to ensure that administration always adhere fair principles and procedures. (Ozpolitics, 2008). 2. ANALYSIS It is to be noted that not all conduct find place in statues enacted by a legislature in Australia. However, significant interpretations of both civil and criminal laws are based on judge-framed rules. For example, the law of homicide in many states of Australia can be found only in judge-framed rules.
Further, in majority of the Australian states, civil tort law is administered by judge-framed law. Thus, rule of law in an Australian perspective, try to explain and accommodate this relationship between the legislature and the courts. Another salient feature that exists in Australia is that it is the High Court of Australia to corroborate whether legislation passed by legislature is constitutionally binding or not. Further, Australian courts have the prerogative power to express whether the actions of the executive government are legitimate or not.
Thus, it is fundamental to the Australian lawyers to appreciate rule of law thoroughly to understand the power of judicial review of both executive and legislative actions. The rule of law offers the citizen with the means of making sure that Australian government function lawfully within the perimeter of its power. Further, there exists a clear demarcation of separation of power between government and judiciary. In Australia, rule of law is that judges should be independent and should act autonomously from other constituents of government. Further, an independent judiciary is interpreted as an essential element of the rule of law.
Moreover, rule of law demands conviction and predictability in law. In Australia, the rule of law is not one among the rules of Australian law which is either incorporated or introduced in the Constitution or in other legislations in Australia. However, rule of law is a significant foundation for Australian structure of government. The rule of law is the pre-eminence of legal rules over the desires of any citizen in society no matter what status is being occupied by that individual in the society. Thus, the principle of rule of law has been referred in many of Australian High Court judgments.
A rule of law may be defined a set of principles which one cannot make any departure from it. Any such departure should have either prior approval or justified. Rule of law makes the Australian government to desist from exercising arbitrary and excessive power. Further, the significance of rule of law as a probable constitutionalist promise should never be undervalued. Rule of law occupies an absolute predominance or pre-eminence of existing laws. The rule of law asserts the superiority of the parliament while at the same moment refuting its autonomy over the Constitution.