The Case Of Ruddock V Vadarlis

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The case of Ruddock v Vadarlis is fundamental when it comes to understanding the rights of an individual or human rights more broadly and how they are protected by public law in Australia, however this is an extremely complex issue, and this case outlined many of the protections that ensure human rights but also was one of the defining moments for human rights and public policy in the contemporary era, this cases influence stretches far, but this essay will explain how this case enshrined how Australian public law protects people’s rights. This essay will focus on the individual rights of Australians, this in itself generates a great deal of discussion and viewpoints, different ideas on exactly what rights were protected, and which rights…show more content…
Another institution that protects our rights is shown by this case, the principle of separation of powers is on display, simply put the principle of the separation of powers refers to the three different branches of government (Executive, Legislative, Judicial) and how they provide for a system of checks and balances for one another (Donald Carper, 2011) ensuring all parts act within the scope of their powers. This is outlined by the fact that the actions of the executive where investigated by the courts to see if their actions were in compliance with the Australian Constitution and other relevant legislation passed, by ensuring that the government’s actions were in accordance with the rules stated in the constitution it was ensured that the government acted within its scope and there was no abuse of power, because if this system of checks and balances did not exist than there would be no way to stop one of the bodies from overstretching and doing something that is outside of their power, we need to hold institutions accountable in order to ensure people’s rights are protected and governments cannot implement any policy that they wish. Individuals may disagree about the outcomes of particular cases but it is vital to our democracy and our rights that all the outcomes of cases are based on the Constitution and the relevant legislation, by having everything follow a set guideline and by having systems to enforce these guidelines we ensure institutions

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