Rule of Law: Principles and Applications

• Professor Dicey defined the rule of law in 1885 based on three principles: equality before the law, the supremacy of the law over arbitrary power, and an independent judiciary.
• The rule of law has been diversified to include equal application of the law, division of powers, an impartial judiciary, and transparent law formulation.
• The rule of law ensures access to the law for everyone, and punishment is only lawful.
• Modifications to the law or prosecution of unknown offences at the time they were committed have no adverse impact on anyone.
• The rule of law ensures fair trials and government agencies serve as exemplary litigants.
• The rule of law ensures the right to remain silent, and individuals are presumed innocent.
• The public can meet without fear and criticize legislation openly.
• In a rule of law system, people understand the law and the repercussions of breaking it.
• All individuals are subject to the same laws, and an impartial court system decides violations.
• The rule of law prevents anarchy, lawlessness, and corruption in Australia, ensuring authorities are bound by and obey the law.

Kable v. Director of Public Prosecutions (NSW) (1996)

• The High Court of Australia addressed judicial independence and the division of powers in Kable v. Director of Public Prosecutions (NSW) (1996).
• The Community Protection Act 1994 (NSW) targeted Gregory Wayne Kable after he sent threatening letters while incarcerated for manslaughter.
• The Act gave the Supreme Court power to order preventative detention for those deemed a serious risk, specifically targeting Kable.
• Kable argued the Act violated the separation of powers and compromised court independence by assigning non-judicial responsibilities.
• The legal concern was whether state legislatures could grant state courts authority inconsistent with their function under the Australian Constitution.
• The High Court ruled the Community Protection Act of 1994 unconstitutional, compromising judicial independence and integrity.
• Requiring the Supreme Court to order detention based on legislative directives, rather than court decisions, was found to be irreconcilable with Chapter III of the Constitution.
• Chapter III upholds the institutional credibility of state courts within the federal judicial system.
• The ruling in Kable's case created the "Kable Doctrine,"
• The Kable Doctrine states that state parliaments cannot assign state courts duties conflicting with their role as impartial judges in the federal legal system.
• The Kable Doctrine protects judicial independence and the separation of powers, acting as a protection for Australia's rule of law.
• Despite questions remaining regarding the doctrine’s reach, Kable's Case remains a pillar of Australian constitutional law.
• Kable's Case exemplifies the judiciary's function in preserving the rule of law and the balance of power between government institutions.

Explore the rule of law, which ensures access to justice for all. Punishment is lawful, modifications do not adversely affect individuals, and trials are fair. Government agencies act as exemplary litigants, and the public can criticize legislation openly.