The Rule Of Law Ensures That There Is Equality Before The Law Year 11 Essay

1005 words - 5 pages

Assess the significance of the rule of law for the effective functioning of society.
The rule of law is a legal term in which no one is immune to the law, including a rule in which explains in detail that no individual can be above the law. The rule of law, in other words, is where the country functions within a structure of law to prevent anarchy. that the law is above everyone and it applies to everybody. Whether governor or governed, monarchs or reigned, no one is beyond or excused from the law, and no one should award segregation to the application of the law. The purpose of The Rule of Law is to decrease conflict. Rule of law has made, so that people can collaborate with each other by the minimization of struggle under rule of law.
The rule of law ensures that there is equality before the law. In a formal sense equality before the in a fundamental tent of the rule of law. The rule of law requires that the law must be paramount and that everyone should be subject to the same laws and penalties applied by the same courts. It follows that equality before the law necessitates consistency in the penalties applied; that is, the equal application of the law to all. The case of Melbourne policeman faces court accused of killing man during routine traffic stop represents equality before the law as it indicates the equality behind the rule of law and that every citizen must apply to the law as in this case the police officer is being charged for breaking the law and is not denied or shown to have power over the rule of law and is not above the law. When couples with the article A Victorian police officer charged with murdering a man during a routine traffic stop in Melbourne's south-east planted a knife at the scene to make it look like he acted in self-defence, a court has been told it is clear that no one is above the law even those who are part of the law, in this case the police officer. Furthermore, justice is not necessarily secured trough the imposition of the same laws and penalties by the courts and parliaments. Power needs to be evenly dispersed throughout the branches of government and the bodies needs to autonomous from both extrinsic influences and one another.
The rule of law establishes the presumption of innocence which is known as the basis to the right to a defence and implicitly all the procedural rights awarded to the defendants thus allowing society to function effectively. Hazem El Masri case shows Australia has a problem with innocent until proven guilty as he was accused and charged with domestic violence offences but was the dropped as the Bankstown local court reviewed and a determination had been made to withdraw them. This falls in line with the presumption of innocence legislation which features the false accusation of the domestic violence charges that were brought upon Hazem El Masri and that addresses the fact that rule of presumption of innocence was brought up as the accusations were dropped when he was proven...

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