Please use this identifier to cite or link to this item: http://hdl.handle.net/2123/7366

Title: The Law of the Ruler?
Authors: Cowdery, Nicholas
Sydney Institute of Criminology
Keywords: rule of law
critical criminology
punitiveness
law making
Issue Date: 17-May-2011
Publisher: Sydney Institute of Criminology
Series/Report no.: ANZCCC2010
Abstract: The title of this article arises out of the misunderstanding that so long as there is a law, so long as the ruler (even a democratic one) has made valid law, then the rule of law operates. The question mark is intended to prompt consideration of whether or not, at least in New South Wales (NSW), the criminal law has truly become the law of the ruler—without proper consideration of the requirements of the just rule of law, the separation of powers in our democratic system of government, the independence of the judiciary and the protection of human rights. I would like to make some observations on those requirements drawn from my own experience.
URI: http://hdl.handle.net/2123/7366
ISBN: 978-1-74210-224-5
Department/Unit/Centre: Sydney Institute of Criminology
Appears in Collections:The Australian and New Zealand Critical Criminology Conference Proceedings 2010

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