Section I - Law & Justice
The Concept of the Rule of Law in Australia
The concept of the rule of law is based on an ideal of fairness between individuals and between individuals and the State - that is, what would be fair in a particular situation. That then has to be applied consistently without reference to the status of an individual or whether it is an individual or the State, which is being considered. Therefore according to the rule of law, the law must apply equally in all situations.
Although the populace elects governments to make laws to govern the community, those laws must apply not only to the community, but also to the government. Similarly, laws are applied equally regarding State instrumentations such as the Police and those given investigative powers under law (eg. Occupational Health & Safety investigators).
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