The Law of the Ruler?
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Open Access
Type
Conference paperAuthor/s
Cowdery, NicholasAbstract
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 ...
See moreThe 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.
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See moreThe 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.
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Date
2011-05-17Publisher
Sydney Institute of CriminologyLicence
The author retains copyright of this work.Department, Discipline or Centre
Sydney Institute of CriminologyShare