Someone recently bought our

students are currently browsing our notes.

X

The Limits Of Liberalism Notes

Law Notes > Australian Legal Foundations Notes

This is an extract of our The Limits Of Liberalism document, which we sell as part of our Australian Legal Foundations Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Australian Legal Foundations Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

THE

LIMITS

OF

LIBERALISM

*

*

*

*

*

*

Underpins

the

Australian

Legal

System


Philosophical

viewpoint


o Started

with

Natural

Law

theorists


SS? Hobbes,

(individual

rights

of

the

person),

and

Locke,


(private

property

rights

of

an

individual)


Contract

between

ruler

and

ruled


o Social

contract

emphasising

natural

rights

of

an

individual


Natural

Law

a?

Positivism


o From

what

law

SHOULD

be

to

what

the

law

IS


o From

is

the

law

LEGITIMATE

(according

to

higher

law)

to

is

the


law

LEGA

(correspond

to

its

own

criteria

to

make

it

valid)


The

content

of

law

is

not

the

important

concern,

but

the

form.


Positivism

-

application

a?

formalism


o Nothing

outside

the

law

should

matter


o Strict

application

of

the

rules

to

the

facts


o Producing

an

objective

result


o Continuity,

certainty

and

lack

of

controversy


SS? IDEA

BEHIND

THE

DOCTRINE

OF

PRESCEDENT

Rule

of

Law

* Primarily

suspicious

of

state

authority


o Leans

towards

libertarian


SS? Minimal

gvt

interference

in

our

everyday

affairs

* Government

under

law

(constitution)


o Laws

about

how

laws

should

be

made

* Government

through

law


o Not

arbitrary

exercise

of

power

* EQUALITY

BEFORE

THE

LAW


o Decision

makers

should

apply

the

law,

(nothing

else),

without

bias


SS? Not

in

an

arbitrary

way


Separation

of

Powers

* Two

objectives

to

minimise

the

power

of

the

state


o Control

the

dictatorial

monarch


o To

enable

the

ordinary

person

to

have

freedom


SS? Stop

the

threat

to

liberty

-

power

can

corrupt


SS? Limit

the

power

the

governing

body

has

PAGE

51

Buy the full version of these notes or essay plans and more in our Australian Legal Foundations Notes.