LAW121 Introduction to Law: Human Rights and Rule of Law Essay

This essay critically evaluates the statement that human rights are adequately protected in Australia because the legal system is based on the rule of law. It explores how the Australian legal system, grounded in the rule of law, safeguards human rights. The essay discusses the importance of the rule of law in providing a framework for the exercise of power and ensuring basic human rights. It highlights the role of common law in protecting freedoms, particularly freedom of speech, and examines the functions of the Australian Human Rights Commission. The essay emphasizes the interconnectedness of human rights and the rule of law, arguing that the latter is essential for the protection of the former. It concludes that the rule of law provides a social infrastructure in Australia, creating space for individuals to exercise their rights and pursue opportunities, thereby securing human rights and freedoms.

Running head: ESSAY 0
LAW121 ction to Law
APRIL 14, 2020
STUDENT DETAILS:

ESSAY 1
The rule of law states that no government or individual is superior then law. In different term, it
can say that the government or administration cannot enforce law, which is prejudicial or
unreasonable. The rule of law supports the harmony as well as protection in a nation. The
Charter renders some basis at the global level for establishing friendly relationship between the
states as independent equals. In Australia, the human rights are properly protected because
Australian legal system is based on the rule of law. The rule of law is helpful in promoting the
comprehensive financial development. In addition, the rule of law also creates responsible
institutions to reinforce the sustainable growth. In societies, wherever the rule of law is
practiced, the individuals have the opportunities to get similar protection at the time of violation
of rights. It can also see that the common law of Australia renders specifically strong protection
for the freedom of speech in relation to the party-political or governmental matter and public
affairs1. This essay discusses that how the Australian legal system adequately protects the human
rights by adopting rule of law.
The strength of freedom to live with self-respect is the human rights framework. The
foundational parts of normative structure are harmonising forms of regulation. They have a
common objective to protect life, health, and self-esteem of individuals. It is argued that the rule
of law is considered as vehicle for the advancement as well as security of general normative
structure2. Rule of law gives the framework with the help of which the exercise of power that is a
matter of agreed rules, assures the security of basic human rights. It is required by rule of law
that legal process, institution along with substantive standards should be constant with human
rights. The judicial principles should also be consistent with fundamental principles of equality
under law, responsibility before legislature and fairness in the security of right. It is argued that
1 The Australian Common Law
2 Thi Kim Que Hoang, Legal Document Control one of Basic Conditions to Protect and Ensure Human Right (Oxford
University Press 2019)

ESSAY 2
there is no rule of law in nation if the basic human rights are not secured3. In different terms, the
solid rule of law is essential to protect the human rights. The rule of law is considered as
execution method for human rights to turn the principle into actuality.
Further, the question is that why it is necessary to protect human rights by the rule of law. It can
see that the human Rights and security of countries are also related to each other. At the time of
speaking about central security by government, it can see that its arguments are mainly based on
the ground that the protection of human rights along with civil liberty is essential for the
protection of security of nation. The human rights and rule of law are different side of similar
belief that is freedom to live with self-respect. It is clear to say that the human rights as well as
rule of law have an undividable and core relation. Their fundamental relation has been identified
by the Member States of Universal Declaration of Human Rights4. It is also mentioned by them
that if a person is not to be required to have alternative as last option, to up rise against
oppression and persecution, then the human rights should be secured by rule of law. It is
supported by Universal Declaration of Human Rights that there is significant connection between
preservation of human rights and rule of law. It is also stated by the Universal Declaration of
Human Rights in explanation that it is needed to protect human rights with the help of rule of
law, except in the situations wherever revolution against domination is only the choice. In an
ideal world, individuals should adopt rule of law, and have faith in legal process to get better
outcomes related to health and life. It is argued that rule of law plays important part in securing
financial, communal along with national rights in the law, regulations, as well as national
constitution5. It is evident that the Human Rights Council has dynamically improved the rule of
law. The range of determinations has been followed by Council, which is unswervingly related to
3 Peter-Tobias Stoll, International investment law and the rule of law (Springer 2018)
4 The Universal Declaration of Human Rights
5 Benjamin Goold and Lazarus Liora, Security and human rights. (Bloomsbury Publishing 2019)

ESSAY 3
the rule of law and human rights. These determinations involve justice management on the
reliability of legal system and on human rights, equality, and rule of law. The Human Rights
Council has developed various specific procedural methods in relation to the rule of law.
Moreover, Australia is developed on the rule of law. Australia has solid tradition of respect for
human rights as well as freedom of the people. It is argued that the human rights are identified
along with secured in Australia throughout the wide range of legislations at the state, territory
along with central level, including the common law and Constitution of Australia6. The
government of Australia is devoted to secure and promote outmoded freedom and rights, such as
opinions, religions, association, and freedom of speech along with movements7. It can see that
these traditional freedoms as well as rights are secured by the principle of common law, which
law should not invade basic rights and freedom unless the law mentions the clear purpose to do
this and the contravention is rational. In Australia, the common law renders specifically strong
protection in relation to freedom of speech about public affairs along with administrative issues.
It is also believed by Australian government that these freedoms as well as rights reinforce the
social equality. Additionally, it is not required to be considered for granted. As per the rule of
law, the Australian government has taken certain actions to make sure that the freedoms and
rights are encouraged and secured. The basic assumption followed by Australia is that the people
are possessed with balanced and ethical abilities that distinguish them from another creature. In
this way, the human beings should have some basic rights that other living beings do not possess.
In addition, it can see that the Australian Human Rights Commission8 is a self-governing legal
authority. This legal authority is developed as per the Australian Human Rights Commission Act
6 Robert French, The Rule of Law and the Australian Constitution: Human Rights and Judicial Review in Australia
and Canada (Routledge 2017)
7 Margaret Jane Radin, Reconsidering the rule of law (Routledge 2017)
8 The Australian Human Rights Commission

ESSAY 4
19869. It has several obligations as well as rights in relation to the human rights, including
undertaking investigations, and organising learning programmes. Additionally, it also has
authority to make investigating and try to reconcile complaint of illegal discrimination as per the
anti-discrimination law of Australia10. In case of facing illegal discrimination, one can desire to
contemplate lodging a complaints in Australian Human Rights Commission. If reconciliation is
not successful due to any circumstance, then that person can make legal proceeding in relation to
grievance in Federal Circuit Court or Australian Federal Court11. It can see that the purpose of
providing protection to human rights is to render security to the rights against misuse of powers
committed by state’s structures. Australia follows the rule of law to promote living standard of
people and develop their personality. It is also covered under the objective of rule of law that
people should have effective remedial measures to get redress in occasion of violation of human
rights. In this way, the Australia protects the human rights in appropriate manner by adopting the
rule of law in legal system of Australia. It is properly claimed that the rule of law is well
developed in Australia12. The rule of law supports the Australian societies with respect for
freedom and human rights of the members, for attracting human capital in a way of individuals
coming from different locations to reside and work, and give contribution to the common goods.
It renders shape as well as meaning to Australia as the specific type of society in international
communities of nation. In this way, the power’s separation is significant characteristic of security
of human rights since this permits formal procedure for the action of the Executive and
administration to be confronted in the court. Therefore, the occurrence of these challenges is
significant facet of rule of law.
9 The Australian Human Rights Commission Act 1986
10 The Australian Common Law
11 Joseph Raz, The rule of law and its virtue (Routledge, 2017)
12 Philip Selznick, Legal cultures and the rule of law (Routledge 2017)

ESSAY 5
As per the above analysis, it can be concluded that when globally approved human rights and
standards provide its normative foundation, the rule of law should be attached in countrywide
context, involving the beliefs, values, as well as legislation. It is found that different nations have
different experiences in relation to development of the systems of rule of law. On the other hand,
there are some general characteristics developed on global standards. It is concluded that the rule
of law renders a type of social infrastructure in Australia. It makes as well as keeps the space
within that people can have freedom. They can exercise the rights and advance the abilities to
search opportunities. In this way, respect for rule of law as the key resources for the longer
period security of human rights and freedom is very significant. Australia secures the human
rights in appropriate manner by following rule of law.

ESSAY 6
Bibliography
A. Articles/Books/Journals
French, Robert, The Rule of Law and the Australian Constitution: Human Rights and
Judicial Review in Australia and Canada (Routledge 2017)
Goold, Benjamin, and Liora, Lazarus, Security and human rights. (Bloomsbury
Publishing 2019).
Hoang, Thi Kim Que, Legal Document Control one of Basic Conditions to Protect and
Ensure Human Right (Oxford University Press 2019).
Radin, Margaret Jane, Reconsidering the rule of law (Routledge 2017)
Raz, Joseph, The rule of law and its virtue (Routledge, 2017)
Selznick, Philip, Legal cultures and the rule of law (Routledge 2017)
Stoll, Peter-Tobias, International investment law and the rule of law (Springer 2018)
B. Legislations
The anti-discrimination law
The Australian Common Law
The Australian Human Rights Commission Act 1986
C. Others
The Australian Human Rights Commission
The Universal Declaration of Human Rights