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Critical Analysis Of Allan Amanyire Statement System

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Critical Analysis Of Allan Amanyire Statement System

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Dicey gave the principle of rule of law, which consisted of two elements, namely, supremacy of law so as to restrict arbitrary use of power and equal subjection of law towards all the classes of people living in the society. The principle of rule of law is integral for to achieve objectives of a democratic society (AM, 2012). Further, it acts as a basis for all other laws which are formed in the State. Thus, no laws can be made that are against the very principle of rule of law and equality before law shall be upheld. This paper analyzes the relationship of rule of law and democracy and its implementation in the context of Australian legal system. Further, it seeks to identify the impact of such fundamental principles on business corporations in Australia.
Relationship between democracy and rule of law
In an attempt to define the relationship between democracy and rule of law, it is pertinent to interpret, understand and analyze the meaning of these two terms “rule of law” and “democracy”. In simple words, rule of law means that law is over and above everything, including the government and other authorities. Rule of law imposes limits on power on authorities so that they cannot go beyond the law while performing their duties. Whereas democracy means such a system of government where people have equal rights to speak, vote and enjoy other benefits guaranteed by the State. (IDEA, 2015)
Democracy and rule of law are sides of the same coin. They are integrated together and thus one cannot be defined without the aid of another. Democracy is a system of government, which has various key elements one of which is rule of law. Rule of law is an essential feature of a democratic government. Further, it can be said that democracy and rule of law are mutually reinforcing and convergent processes.  It is well recognized that whenever democracy is to be build, it is necessary that there exists a broad and end-based terms definition of rule of law rather stating rule of law in mere procedural terms. Both rule of law and democracy are purely institutional approaches, which have no say in regards to the actual outcome. The relationship between the two strengthens when rule of law is linked with various substantive matters including justice (Raban, 2015).
Democracy refers to protection of civil rights, which can be done only through robust implementation and integration of the principle of rule of law. In a democratic government, it is mandatory that political power is held through representative elections, which are conducted regularly in a fair manner. This principle of democracy can be linked to rule of law since it mandates the political power to work on applicable rules wherein announcements be made in advance and impartiality and uniformity is followed.  In terms of good governance, rule of law and democracy are inseparable systems, which are required to be followed simultaneously. The concepts of democracy and rule of law are regularly co-related and joined by politicians, academicians, UN declarations and political commentators (Timothy Garton Ash, 2006).
Thus, it is clear that democracy and rule of law are interrelated concepts in regards to functioning of government (Maravall & Przeworski, 2003). There is high reliance of democracy on rule of law to ensure that its integral functions are imparted. A democratic government integrated rule of law by embodying it in its Constitution or other supreme laws. Further, rule of law is required to be followed by the authorities and government at all the levels so that democratic functioning of government is guaranteed.
Critical analysis of democracy and rule of law’s relationship to the Australian legal system
The democratic government of Australia has based its functioning on the principle of rule of law. The Constitution of Australia embodies the rule of law (Blackshield & Williams, 1998). The powers of parliament and government are restricted and thereby protection against arbitrary use of power is guaranteed to the citizens. In the judicial system of Australia, judges ensure a balance between powers of government, community rights and freedoms and law enforcement agencies while interpreting the rule of law (MOADOPH, 2016).
The government of Australia is the government that is under the Constitution. Further, Constitution is an instrument of law framed on the basis of various traditional conceptions followed within the community and some of which are merely assumed to exist. Amongst such traditional conceptions, rule of law is also considered to be an assumption. Thus, one of the integral parts of the Constitution of Australia is rule of law. The main effect of rule of law is to restrict arbitrary use of power of the executives and other government authorities (Australain Communist Party v. The Commonwealth, 1951).
The principle of rule of law ensures that the powers of the government are limited. The government must take such decisions which are lawful and thus must not act beyond the powers given to it under law. If a decision of the government is unlawful, then it can be challenged before the court to declare it to be void. This helps in providing higher level of protection in regards to freedom of society. This aspect of freedom comes from the democratic state, which Australia follows (Kinley, 1994).
In A v. Hyden [(1984) 156 CLR 532], the court sought to protect the society from arbitrary and illegitimate actions of the state by enforcing the rule of law in a democratic federal government of Australia.  In this case, the second element of Dicey’s rule of law was focused, i.e. equality of law for all the subjects in the State.
In the context of Australian legal system, whose government is democratic and federal, rule of law has been implemented within the Constitution, due to which the powers of government are restricted and more scope is given to the people to ensure fairness and justice (Sykes, 2002).
Application of fundamental principles of the law from a business perspective in Australia- examples
Implementation of rule of law in Australia signifies that every person in the country, regardless of his economical, social, etc. status is subject to the same law and has equal opportunity in regards to judicial and legal process. The aspects of rule of law and democracy affect not only the citizens of the state but also business organizations. These fundamental principles promote equality and growth opportunities within the business and economic environment of the countries and thereby guarantee citizens the right to speak against the arbitrariness of government authorities (Australian Collaboration, 2014).
If there is lack of democracy and rule of law within the legal and judicial process of State, then it has an adverse affect on not only business organizations but also individuals living in the State. The main aim of democratic society is to ensure equality of law to its citizens, which is done by integrating rule of law. Thus, without such a system rich and poor will be equally affected as they will not be considered equal. For example:  in welfare state, rich is affected because the government focuses on advancement of poor or lower class people. Thus, the opportunities for the rich to grow expand and work on their business plans gets limited without the support of government. The fundamental principle of rule of law ensures that the law does not discriminate between rich or poor, educated or uneducated, employed or unemployed and thereby guarantees them equal protection under it.
The statement given by Allan Amanyire has been critically evaluated in the above research. From such analysis, it can be concluded that in a State where there is no implementation of rule of law or democracy, discrimination in regards to implementation and enforcement of law can be witnessed. Further, it cannot be ascertained that to whom such discrimination will affect and to whom it shall favor. However, it shall be negative and act as an impediment to grow for all the classes of society. Australia being a democratic federal state has implemented rule of law within its Constitution. Thus, it ensures that all organizations or stat up and individuals living in the State can seek protection under the law against arbitrary actions and equality before law.
A v. Hyden [(1984) 156 CLR 532]
AM, T. H. K. L., 2012. The Rule of Law: its State of Health in Australia, Australia: Rule of Law.
Australain Communist Party v. The Commonwealth (1951).
Australian Collaboration, 2014. The Rule of Law, Australia: The Australian Collaboration.
Blackshield, T. & Williams, G., 1998. Australian Constitutional Law & Theory. 2nd ed. s.l.:s.n.
IDEA, 2015. Linkages between the rule of law, democracy and sustainable development. s.l., IDEA & IDLO.
Kinley, D., 1994. Constitutional Brokerage in Australia: Constitutions and the Doctrines of Parliamentery Supremacy and the Rule of Law. Federal Law Review, 22(1).
Maravall, J. M. & Przeworski, A., 2003. Democracy and the Rule of Law. Cambridge: Cambridge University Press.
MOADOPH, 2016. Rule of Law. [Online] Available at: https://explore.moadoph.gov.au/timelines/rule-of-law [Accessed 21 August 2016].
Raban, O., 2015. The Rationalization of Policy: on the relation between democracy anf the rule of law. NYUJLPP, 18(45), pp. 46-65.
Sykes, A., 2002. The ‘Rule of Law’ as an Australian Constitutionalist Promiseq. AustLII, 9(1).
Timothy Garton Ash, 2006. A Little Democracy is a Dangerous Thing- so Lets Have More of It. [Online]  Available at: https://www.theguardian.com/commentisfree/2006/aug/03/usa.syria; [Accessed 21 August 2016].

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