showcases the importance that is attached to the appearance of judicial independence.
The Rule of law is possibly the most fundamental proposition in law. In Australian public law, the rule of law operates as an underlying principle of legality that constrains government action. The rule of law is based on the simple premise that the law rules government, in that the law is one method of government that rules all the others. However, this idea is neither as black and white nor as clear as it may seem. In order to understand it further, the initial step would be to explore what function the rule of law serves. In its most basic form, the rule of law is the principle that no one is above the law. This basic idea was well expounded by Oxford Scholar, Albert Venn Dicey, at the end of the 19th century. Dicey developed a three-part definition. Firstly, he sated that it means the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power. Secondly, it means equality before the law and thirdly, that the law of the constitution are not the source, but the consequence of the rights of individuals, as defined and enforced by the courts . Ultimately, based on Dicey’s definition, the rule of law serves the function of providing the most secure means of protecting each citizen from the arbitrary will of every other. The law forms …show more content…
His list includes certain mechanisms that he deems important such as an independent judiciary, a limited form of legislative and administrative review, open and fair hearings, accessible justice, and laws that are prospective, open, clear, public, certain and relatively stable . Based on the list, Raz believes that there is essentially no connection between the law and morality. Furthermore, that the law should be balanced with other values as opposed to always trumping