please help (1 Viewer)

[gday_2005]

Using an international or a domestic example, explain how the rule of law and/or the doctrine of natural justice has been breached.

Describe the process from UNDHR to domestic law

 

[~*HSC 4 life*~]

sounds like you want someome to answer the question for you!

yeah, it's an hsc forum :uhhuh:

well firstly, make sure you distingiush between rule of law and natural justice, totally different concepts.

rule of law--> everyone is equal before the law, law is not applied arbitrarily etc etc. This cocnept is breached when law is discriminated amongst certain groups...the first example i could think of was the Faber Castell case, where he was able to get off his charge (for speeding i think?) because he was famous..or something...that's probably not a great exmaple, but think of any case where people have been 'let off' for being famous, powerful etc, they're usually the simplest

natural justice--> include the right to a fair trial ie no previous convictions raised until sentencing, being informed of what you ase being charged with etc, use david hicks case

 

[cameron0110]

Hmmmm we had that exact question word for word in our trial, where abouts did you get it from as a matter of interest?

 

[cameron0110]

Hmmmm we had that exact question word for word in our trial, where abouts did you get it from as a matter of interest? By the way I used Stollery vs the Greyhound Racing Commission (from the Prelim textbook)- natural justice and Apartheid in South africa and zimbabwe- rule of law

 

[santaslayer]

Hmmmm we had that exact question word for word in our trial, where abouts did you get it from as a matter of interest? By the way I used Stollery vs the Greyhound Racing Commission (from the Prelim textbook)- natural justice and Apartheid in South africa and zimbabwe- rule of law

You could use any number of cases...what about the one about the airline employee being sacked for interfering with passenger luggage? He was dismissed without him being given a chance to defend himself. (be heard).

 

[Ch00]

rule of law--> everyone is equal before the law, law is not applied arbitrarily etc etc. This cocnept is breached when law is discriminated amongst certain groups...the first example i could think of was the Faber Castell case, where he was able to get off his charge (for speeding i think?) because he was famous..or something...that's probably not a great exmaple, but think of any case where people have been 'let off' for being famous, powerful etc, they're usually the simplest

The rule of law has nothing to do with a lack of substantive equality which you allude to. It is a formal equality before the law.

 

[santaslayer]

My turn :

Rule of law is really just a concept whereby all peoples and instituions in a nation state are goverened by, and subject to law. I can see what HSC4Life is trying to communicate. :uhhuh:

Bored, so here are several features which must be present before the rule of law can operate:

1) must be laws to prohibit and protect public violence. eg. anarchy. Most criminal law does this already.

2) Government must be bound by the same law that bind the individual. eg. separation of powers. Probably what HSC4Life was alluding to.....getting off because of particular reasons...famous etc.

3) reflectioon of community standards..

4) laws must be certain( precedent), general(applicability- except in cases of discretion) and equal( natural justice) .

5) enforcement procedures/mechanisms..(police, customs blah blah)

6)governmment action must also be in accordance with the law...ombudsmen...etc

7) Must be an independent judiciary

8) legal rep (legal aid) must be available

9) Principle of natural justice and procedural fairness must be upheld at all times.

10) Courts must be accessible

11) Enforcement must be impartial and honest (police corruption..LoLz )

12) Must be enlightened public opionion about our laws....(through media...blah blah)



The End.