Why Is Rule Of Law Important In The Australian Legal System

In 1885s, classical formulation of the Rule of Law created by A.V.Dicey. He express clearly that Rule of law has 3 elements that is supremacy of constitution, protection of Human Rights/ Natural justice and equality before law. Rule of law is one of the most significant principles in the Australian Legal System and the three arms of government do also play roles in upholding the rule of law. All public must comply with the constitution and the laws must be enforced therefore every person has the same rights and responsibilities on their country and while there protect and preservation of fundamental human rights, there must have a very strong reasons exist then can only be removed.
1st element of Rule of Law, Supremacy of Constitution is one of the most important principles in the Australian Legal System. The constitution is supreme and must be respected by all that stated in clause 5. Judicial body upholds the supremacy of constitution which stated in the constitution implied the division of power has been upheld. For example, Mabo case no.1 1988 state that Coast Island Declatory Act 1985 has a conflict with Racial Discrimination Act 1975 to protecting their land’s right. By using section 109, the division of power upholds by
It protects the fundamental human rights and protect against the use of arbitrary power by the government. Judicial body is effective in upholding the rule of law because the courts protect the human rights and natural justice. For example, Adban case 1992 uphold by the judges through judicial review which reviewing the validity of a legislation. The High Court interprets the whole book of Constitution to implied freedom of speech and expression by upholding the protection of human rights. This prove that rule of law is important it helps to protect the freedom of speech and expression in the