Principles

 

The relevance of the Rule of Law is demonstrated by application of the following principles in practice.

  • The separation of powers between the legislature, the executive and the judiciary.
  • The law is made by representatives of the people in an open and transparent way.
  • The law and its administration is subject to open and free criticism by the people, who may assemble without fear.
  • The law is applied equally and fairly, so that no one is above the law.
  • The law is capable of being known to everyone, so that everyone can comply.
  • No one is subject to any action by any government agency other than in accordance with the law and the model litigant rules, no one is subject to any torture.
  • The judicial system is independent, impartial, open and transparent and provides a fair and prompt trial.
  • All people are presumed to be innocent until proven otherwise and are entitled to remain silent and are not required to incriminate themselves.
  • No one can be prosecuted, civilly or criminally, for any offence not known to the law when committed.
  • No one is subject adversely to a retrospective change of the law.