The rule of law :: essays research papers

new(prenominal) house are for the benefit of Australia rather than the government, and include no instances of discrimination. The judicatory also exercises the source to control legislation if it is deemed not in unity with the rule of impartiality. This was proven in the landmark case of Chu Keng Lim vs subgenus Pastor for Immigration. Parliament had amended the migration act to provide for the compulsory detention of accredited designated persons who could not be released from hold by an order of the tap. The high court rejected this legislation stating that it was beyond the legislative power of parliament to entrust the executive with an arbitrary to detain citizens in custody not withstanding that the power was conferred in terms which sought to divorce such detention in custody from both punishment and criminal guilt. Putting to one nerve exceptional circumstances the involuntary detention of a citizen in custody by the state is penal or punitive in font and exis ts only as an incident of the exclusively judicial function of adjudging and penalise criminal guilt.Every citizen is ruled by the law and the law simply and may with us be punished for a breach of law however he can be punished for nothing else. The judiciary also applies a system of precedent which all(a)ows for consistency in decisions but still provides for individual circumstances. This insures that there is no discrimination between people. Although all current conventions comply with the rule of law, the constitution does not stock-purchase warrant it and provides for things such as the arbitrary exercise of power by the governor General. However in EmyHughes publication Australian Politics it states that the court reasoned that that since the constitution could be presumed to authorise a system of