The Meaning of the Rule of Law (VCE SSCE Legal Studies): Flashcards

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The Meaning of the Rule of Law
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Rule of law definition

Everyone in society must follow and obey the law

Rule of law: universal application

All members of society are bound by law, including officials

Rule of law: fair & accessible laws

Laws must be fair, clear & reasonable so people can comply

Constitutional restraint on parliament

Constitution checks parliament's law-making powers

Judicial independence principle

Judges interpret/apply law free from government pressure

Open criticism & law reform principle

Laws subject to open & free public criticism

Judicial review principle

Citizens can use courts to challenge laws made by parliament

Statutory interpretation principle

Judges interpret laws made by parliament in cases

DPP v Fowler [2020] key principle

No one is above the law, even police officers

Media's role in upholding rule of law

Facilitates open & free criticism of laws made by parliament

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