This is also referred to as natural justice or procedural fairness.įederalism is a system of government in which powers are distributed between a central government and regional governments. none shall be put to answer without due process of law (Observance of Due Process of Law Act 1368).ĭue process has come to mean the conduct of legal proceedings according to established principles and procedures, designed to ensure a fair trial.none shall be condemned without due process of law (Liberty of Subject Act 1354) and.The phrase ‘due process of law’ comes from statutes that were founded on the Magna Carta and provide:

This refers to a system of government in which the Head of State is a monarch whose rights and powers are framed by a Constitution (as in Australia, for example). Courts in a civil law system are based on an inquisitorial style of operation in which a judge is involved in the investigation of the case. Common law courts are based on an adversarial method of operation, in which two sides (the prosecution and accused in some criminal cases, for example) present their cases to a neutral judge or jury for decision.Ĭommon law is usually contrasted with the civil law system deriving from continental Europe, under which extensive written laws are designed to cover all eventualities. However, written laws may not cover every eventuality. Written laws (Acts of Parliament) may be made on matters not covered by case law or with the intention of overriding case law. Common law is developed by judges on a case by case basis, building on the precedent and interpretation of earlier court decisions. The common law system is the legal system followed in Australia, inherited from the United Kingdom. Australia does not have a specifically Australian bill or charter of rights at the Federal level but it is a party to international ‘foundation’ rights documents such as the Universal Declaration of Human Rights (1948). While the UK Bill of Rights 1688 is part of Australian law, when people talk about a bill of rights for Australia they generally mean a more substantial document which would comprehensively set out the rights of Australian citizens and protect them from infringement by the government or by other legislation. In the context of the rule of law an important provision was that laws should not be executed, dispensed with or suspended without parliament’s consent. The term derives from the United Kingdom Bill of Rights 1688 which asserted the rights of parliament in relation to the monarch (in particular establishing freedom of speech in parliament), and included rights affecting the individual, such as the prohibition of excessive fines and cruel and unusual punishment. The descriptions are intended to be short introductions to concepts that are often complex and contested.Ī Bill of Rights is a law that sets out the rights of a country’s citizens.

This infosheet provides a brief explanation of some of these terms. The concepts they refer to, which describe aspects of Australia’s system of government and legal system, are not always understood. When the House is debating legislation or scrutinising government activities, various phrases are used, sometimes in a shorthand way.

Due process of law