IntroductionA Rule of Law is a system which is appropriate to serve the people of a society; it provides a stable order, free from personal whim or influence. Its power is not controlled by powerful people but by "a subtle and elaborate system.1In this essay I am going to discuss the important issues such as what are the relevant laws exercised against Haneef with regard to the preventative detention orders and the cancellation of visa on character grounds, Is the practice of these laws subject to discretion? Is discretion justifiable in the rule of law and if so to what extent?The Anti-terrorism laws exercised against Haneef: Are they justifiable in rule of law?Our history often takes us back to many instances where our Governments try to protect our states by restricting the liberty of the persons who are perceived as a threat. At such times there is a shift between the role of the executive and the judiciary.
Lincoln's Inn Gate
English: pakistani lawyers
William K. Lietzau Deputy Assistant Secretary of D...This traditionally extends the power of the executive in detaining individuals with a corresponding contraction in the ability of courts to review the exercise of these powers which on the other hand extends judicial power functions.2 But however in either case be it the executive or the judiciary detaining or controlling the movements of a person without charging them with criminal conduct, portrays a clear threat and challenge to the rule of law and democracy which has long been the centerpiece of the Australian liberal democracy.31. David Williams, 'Rule of Law' (Speech delivered at David Williams lecture series, 2006)2. Lynch Andrew and Reilly Alexander, 'The constitutional validity of terrorism orders of control and preventative detention' (2007) 10(1) Flinders Journal of Law Reform 105, 105-1423. Emerton Patrick, 'Australia's Anti-terrorism Legislation: A threat to Democracy and Rule of Law' (2005/2006) 19 D!ssent 19, 19-21The...