In order for Liberal Democracy to work in the way that it is intended to work; there are four pre-requisites. Firstly the democracy must be a constitutional democracy, where the constitution of the state is clearly available to, accessible to and understandable by the citizenry; and this constitution must be the supreme law of that state.

 

Secondly the democracy must enshrine a charter of human rights that clearly illustrate the rights, freedoms and responsibilities of each and every individual citizen; to grow and develop to their individual optimal potential. This charter of human rights must be the foundation upon which all laws are phrased and upon which all public and private policy and contracts are based.

 

Thirdly the democracy must establish within its constitution, the separation of powers, so that the legislative parliaments are independent of the executive cabinets and ministries and of the judicial courts.

 

Fourthly the democracy must provide for the respect for the mutual agreements reached between and among people, irrespective of how those agreements are reached (i.e. irrespective of whether they are verbal, written, formal or informal agreements) and irrespective what these agreements cover, provided that the agreements do not seek to enforce illegal actions.

 

It is through this combination of these four elements that a constitutional democracy becomes a Liberal Democracy. However in order for this system of checks, balances and counter-balances to work; the citizenry and the leadership must have respect for the Rule of Law.

 

The Rule of Law is distinct from the Rule BY Law which is how fascist and military regimes operate. Rather the Rule of Law assures each and every person a fair trial, an independent judiciary and consistency. That is to say that the Rule of Law prevents arbitrary decisions, such that the weak and powerless are punished while the strong and powerful are exonerated.

 

By removing this arbitrary decision making from government, the judiciary and civil society; we remove the potential for decisions to be made in favour of people paying or accepting bribes or other unethical inducements. By doing this we guarantee that in a Liberal Democracy, each and every person is assured of EQUALITY BEFORE THE LAW.

 

Further to this, the Rule of Law requires that the citizenry and the leadership accept the outcome of the judicial and legislative process, provided that the procedures for the protection of the rights of all people have been followed and provided that the methods of equality before the law were implemented as and when they should have been.

 

Questions:

 

1.                  In terms of the above, explain why the Rule of Law is vital for the existence of Equal Opportunities for Each and Every Single Person?

2.                  In terms of the above, explain why the rehabilitation of convicted criminals is so important for a functioning, vibrant, dynamic and growing Liberal Democracy?

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Avishkar Govender

eThekwini-Durban
KwaZulu-Natal, South Africa
SADC - AU

 According to the HIGH COURT AUSTRALIA, rule of law is WHITE AUSTRALIA POLICY

High Court Australia 2008 White Australia Policy Reaffirmed!

Posted February 15th, 2008 by onya

HIGH COURT 2008 WHITE AUSTRALIA POLICY REAFFIRMED!

when will the HIGH COURT'S WHITE AUSTRALIA be apologised for??

Affidavit against White Australia Policy

http://rapidshare.com/files/90804544/IN_THE_HIGH_COURT_OF_AUSTRALIA.affidavit.08february2008.web.pdf.html

 

 

make oath and state that :

1. The Defendants failed
   to serve Notices of Appearance, except the SSAT Members who declined to be
   heard on summons;

1. On 24^th
   January 2008, No defendants came forth to challenge the proceedings;

1. The Honorable Kenneth Madison Hayne was asked
   what jurisdiction he was applying for the directions hearing without the
   representation of the Defendants; “High Court doesn’t allow these
   hearings” was all he could proffer. White Australia Policy had been dispensed
   with and Racial Discrimination Act came into force in 1975, with the Human
   Rights and Equal Opportunity Act in 1986;

1. The Honorable Kenneth Madison Hayne was told “Peremptory
   Stay of Proceedings” had been enforced with challenges of jurisdiction at
   the lower courts; as such the Plaintiff did not want to seek leave for an
   Appeal against unconstitutional and non-legally binding decisions of the
   lower courts; and further sought to be heard at the FULL BENCH OF THE HIGH
   COURT on constitutional grounds;

1. The Honorable Kenneth Madison Hayne erred by refusing
   to consider aspects of the Notices of a Constitutional Matter; thereby
   confirming and endorsing unlawful discriminatory acts of the Commonwealth
   and the Statutory bodies;

1. The Honorable Kenneth Madison Hayne erred by
   refusing to consider aspects of an Injuction against lower courts and
   Tribunals on Constitutional grounds;

1. The Justice failed to
   award court costs for the Defendants’ non-appearances and for costs arising
   from Fees regulations 8.2, 9, 10, 11 and the unconstitutional conducts of
   the deputy registrar Mussolino; The Honorable Kenneth Madison Hayne admitted
   to having seen the affidavit against Mussolino;and was told of the
   regulations;

1. According to the
   Deputy Registar Ms Denise Weybury, The Honorable Kenneth Madison Hayne has
   refused to authenticate his decision to dismiss the Application in
   writing;

1. I have suffered
   financial hardship due to the Judicial crisis created by The Honorable Kenneth Madison Hayne;
   depriving myself and my business from functioning under the laws of the
   Commonwealth of Australia;

1. I have been made
   homeless by The Honorable Kenneth
   Madison Hayne; deprived of Australian citizenship unlawfully;

1. The Honorable Kenneth Madison Hayne
   sanctioned the continued conspiracy to pervert justice by the
   Administrative Appeals Tribunal and Senior Member John Handley, and the
   Commonwealth of Australia Lawyer Tim De Uray, in fabricating facts and
   evidence, abusing jurisdiction and positions of trust, at hearing at the
   AAT on 7 February 2008;

Sworn
at , in
the State of Victoria

this day of 2008

Before me

Signature:
Date:

-------------------

http://kangaroocourtaustralia.com

http://sydney.indymedia.org.au/story/judicial-crisis-and-treason-high-court-australia

The rule of law is a legal maxim encompassing legal principles that might be considered the "foundation ase certification of a civilised society". While the rule of law has been described as "an exceedingly elusive notion"  giving rise to a 70-640 braindumps "rampant divergence of understandings" a dichotomy can be identifed between two principle conceptions of the rule of law; a formalist or "thin" and mcts 70-536 dumps a substantive or "thick" definition of the rule of law. Formalist definitions of the rule of law do not make a judgement about the "justness" of law itself, but define specific procedural attributes that avaya training the law must have in order to be in compliance with the rule of law. Substantive conceptions of the rule of law go beyond this and include certain substantive rights that are said to be based on, or derived from, the rule of law

The aphorism of law does not accept a absolute definition, and its acceptation can alter amid altered nations and acknowledged traditions. Generally, however, it can be accepted as a legal-political administration beneath which the law restrains the government by announcement assertive liberties and creating adjustment and adequation apropos how a country functions. Gary Winnick Family Foundation, Law Updates

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The Rule of Law is crisp from the Rule BY Law which is how ideology and expeditionary regimes operate. Rather the Rule of Law assures every and every mortal a clean trial, an autarkical establishment and consistency. That is to feature that the Rule of Law prevents capricious decisions, much that the anaemic and helpless are chastened patch the brawny and coercive are exonerated. By removing this capricious selection making from government, the establishment and subject society; we vanish the possibleness for decisions to be prefabricated in tendency of folks stipendiary or accepting bribes or another wrong inducements. By doing this we indorse that in a Liberal Democracy, every and every mortal is assured of EQUALITY BEFORE THE LAW. Further to this, the Rule of Law requires that the grouping and the activity accept the outcome of the righteousness and legislative process, provided that the procedures for the endorsement of the rights of every folks have been followed and provided that the methods of status before the accumulation were implemented as and when they should have.

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