The obligation of a judge to apply the law in a functioning democracy
Abstract
Beazley, Margaret Australia rightfully places itself amongst democratic countries governed by the rule of law. It is a tradition in which I hold a firm belief. An essential aspect of the rule of law is its non-arbitrary application, and its guarantee of equality before the law. When describing the rule of law, A. V. Dicey stated that the rule of law meant: the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government.