Clause 5 Of The Australian Constitution

The rule of law entrenches the basis of the Australian Constitution. Clause 5 of the Australian Constitution states that all laws made by Parliament are binding on the courts, judges and people . It means that every person regardless of their identity is bound to the same law and same legal processes .
The rule of law protects the citizens by securing limited powers of the government. The government must decide lawfully otherwise the court may declare it as void. It grants a moderate degree of protection to the freedom of society as illustrated in the Australian Communist Party Case in which Justice Dixon asserted that the rule of law ‘forms an assumption’ of the Australian constitution . The rule of law also protects human right and freedom as seen in Chu Kheng Lim v Minister for Immigration . The amendment of the Migration Act 1958 was struck down as it was contrary with the rule of law that every citizen may be punished for nothing else other than the
Judicial independence is elemental to the rule of law, which protects individual rights. An independent judiciary vitally protects human rights against the state. Chief Justice Gleeson observed that ‘the independence of judicial officers is a right of the citizens over whom they exercise control ’. Section 72 of the Australia Constitution guarantees the independence of the federal and state judges .
Rights and liberties of citizens are safeguarded through judicial independence. The Constitution guarantees the security of tenure, regardless of whether appointed and removal of judges. It protects interference from judicial impartiality. Judicial salaries cannot be reduced during a judge’s tenure. Judges’ remuneration must be adequate to prevent manipulation of salaries by compelling retirement of the judges. By doing so, it would disturb the equilibrium of judicial