LAW1112 Lecture Notes - Lecture 1: Australian Communist Party V Commonwealth, Constitution Of Australia, Responsible Government
Document Summary
Focuses on the procedures by which law is made, and enforced and carried out rather than its substantive character: thick/substantive, have a more broader focus on the quality of law. Fairness of legal system: proceptivity, laws only have legal effect after the law is made in time, raz, rule of law is a political ideal, not concerned with justice or fairness, portrays a formal concept. Lord bingham: thick definition of the rule of law, an external yardstick against which gov action can be judged - rule of law is a political ideal, retrospective laws can also be enacted, eg. Investigation and prosecution of nazi war criminals: rule of law cannot be absolute. Flexible as customs and practices change: some constitutions have rigid legal rules whereas some have flexible, aus con is a rigid constitution, cannot be changed easily, can be changed but difficult to do so.
