ABSTRACT

The Australia Constitution recognises a doctrine of separation of powers between the parliament, executive and judiciary. The ‘judiciary’ is an independent entity of government. It is a check and balance on the power of the executive arm of government. It interprets and applies the law to ensure that government actions are within lawful authority and power. The rule of law can be assumed by the legal profession and politicians to be well understood; however, definitions vary, are mysterious and vague. If the rule of law is to benefit all in the community, those who distil key facts, apply the law and make determinations on people's legal rights, should reflect or represent the broader community. Until practitioners, judges, lawmakers and students of law better reflect the communities they serve, there may be bias; be it conscious or unconscious. The legal system operates in such a way that people need to fit into legal categorisations.