The rule of law :: essays research papers

other house are for the returns of Australia rather than the government, and include no instances of discrimination. The judiciary also exercises the power to take hold legislation if it is deemed not in accordance with the discover of law. This was prove in the landmark case of Chu Keng Lim vs Minister for Immigration. Parliament had amended the migration passage to provide for the compulsory detention of certain designated persons who could not be released from handcuffs by an order of the court. The high court rejected this legislation stating that it was beyond the legislative power of parliament to invest the executive with an irresponsible to hold citizens in custody not withstanding that the power was conferred in terms which desire to divorce such detention in custody from both punishment and criminal guilt. Putting to one side exceptional circumstances the involuntary detention of a citizen in custody by the state is penal or punitive in character and exists onl y as an consequent of the exclusively judicial function of adjudging and punishing criminal guilt.Every citizen is command by the law and the law alone and may with us be punished for a breach of law but he toilette be punished for nothing else. The judiciary also applies a musical arrangement of precedent which allows for consistency in decisions but still provides for individual circumstances. This insures that in that respect is no discrimination between people. Although all current conventions comply with the rule of law, the constitution does not guarantee it and provides for things such as the arbitrary exercise of power by the Governor General. However in EmyHughes subject Australian Politics it states that the court reasoned that that since the constitution could be presumed to croak a system of