Introduction to Unit 3 (VCE SSCE Legal Studies): Flashcards

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The Rule of Law
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Rule of law definition

All members of society must obey the law, regardless of status

Universal application principle

No person or institution is above the law

Number of principles supporting rule of law

Six principles

Clarity & accessibility of laws principle

Laws must be clear, understood, known & accessible to all citizens

Judicial independence principle

Courts & judges must be independent from other govt branches

Equal application of law principle

Law applied equally & fairly without favour or discrimination

Presumption of innocence

Charged persons are presumed innocent until proven guilty in court

Democratic freedoms principle

Free to criticise govt, seek law changes & demonstrate w/o fear

Public justice principle

Trials & hearings conducted in public so justice is seen to be done

Australian Constitution's role in rule of law

Limits parliamentary power; all parliaments & govts must obey it

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