The RULE of LAW Policy of The Republican Party of Australia
(as adopted 29 January, 2014)
All official power derives from rules of law found in the Australian (monarchical for the time being) Constitution or in laws made under the said Australian Constitution;
There is no such thing as unlimited power – be it legislative, executive or judicial;
The powers conferred by law must be exercised lawfully, rationally, consistently, fairly and in good faith;
The courts of the land have the ultimate responsibility of resolving disputes about the limits of official power and in doing so they, like those decisions they review, must act lawfully, rationally, consistently, fairly and in good faith and within the proper limits of their constitutional function;
Laws are to be interpreted in accordance with their text, context and purpose and in accordance with common law and statutory rules of interpretation;
Laws are to be construed, where choices are open, so as to avoid or minimise their impact on fundamental common law rights and freedoms.