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The Rule of Law

The Rule of Law

… The first two of the three aspects of the rule of law … regularity as opposed to arbitrariness or unconfined discretion, and equal subjection of all, the governors as well as the governed, to law, also reflect a view of the nature of law. Judgments in the High Court of Australia contain numerous assertions of practical conclusions said to be required by the principle of the rule of law. They include the following: …that citizens are equal before the law; and that the criminal law should operate uniformly in circumstances which are not materially different.

From: COURTS AND THE RULE OF LAW
THE RULE OF LAW SERIES

MR JUSTICE MURRAY GLEESON
CHIEF JUSTICE, HIGH COURT OF AUSTRALIA
UNIVERSITY OF MELBOURNE
7 NOVEMBER 2001


... A State cannot claim to be operating under the rule of law unless laws are administered fairly, rationally, predictably, consistently and impartially. Improper external influences, including inducements and pressures, are inconsistent with each of these objectives ...

… Improper influence, whether political pressure or bias or corruption, distorts all of these objectives.

From: THE RULE OF LAW IN THE ASIAN REGION
THE HONOURABLE J J SPIGELMAN AC
CHIEF JUSTICE OF NEW SOUTH WALES
INTERNATIONAL LEGAL SERVICES ADVISORY COUNCIL CONFERENCE
SYDNEY
20 MARCH 2003


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