When would discretion be justifiable in Rule of Law? Discuss with reference to Ant-terrorism and the Haneef case.

IntroductionA prevail of justness is a system which is appropriate to preen the people of a society; it provides a stable order, lay off from individualal whim or influence. Its power is not controlled by powerful people but by ?a wise(p) and elaborate system.1In this essay I am going to cope the important issues much(prenominal) as what atomic number 18 the relevant police forces wieldd against Haneef with deliberate to the protective detention orders and the cancellation of visa on character grounds, Is the enforce of these laws substance to discretion? Is discretion justifiable in the practice of law and if so to what extent?The Anti-terrorism laws exercised against Haneef: Are they justifiable in prescript of law?Our history often takes us stomach to some(prenominal) instances where our Governments try to protect our states by restricting the self-reliance of the persons who are perceived as a threat. At such propagation there is a shift between the di vision of the decision maker and the judiciary. This traditionally extends the power of the administrator in detaining individuals with a match contraction in the ability of courts to review the exercise of these powers which on the other hand extends judicial power functions.

2 allay however in either case be it the executive or the judiciary detaining or controlling the movements of a person without charging them with criminal conduct, portrays a clear threat and challenge to the rule of law and democracy which has long been the centerpiece of the Australian gratis(p) democracy.31. David Williams, ?Rule of Law? (Speech delivered at D avid Williams lecture series, 2006)2. Lynch ! Andrew and Reilly Alexander, ?The innate stiffness of terrorism orders of control and preventative detention? (2007) 10(1) Flinders journal of Law Reform 105, 105-1423. Emerton Patrick, ?Australia?s Anti-terrorism Legislation: A threat to democracy and Rule of Law? (2005/2006) 19 D!ssent 19, 19-21The... If you require to amount a full essay, order it on our website: BestEssayCheap.com

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