The ‘Rule Of Law’ As An Australian Constitutionalist Promise
AbstractThe author poses the question whether the rule of law is a constitutionalist promise that protects all Australians or whether it is simply a juridical principle that may be balanced against certain social factors. Constitutionalist promises involve the limiting and supporting of state power. The author examines several instances of state power exercised in Australia and concludes that we should not rely on the rule of law as an absolute means of achieving equality, human rights, justice, freedom and even democracy. |