A Submission to the Commonwealth of Australia: The Foundation of Law, Authority and Accountability
To the Commonwealth of Australia Body Politic
A nation is not held together by power alone. It is held together by trust.
That trust depends upon a fundamental principle inherited through centuries of legal development:
Those entrusted with authority must themselves remain subject to the law.
The Commonwealth of Australia exists within a long constitutional tradition that recognises that government is not the source of unlimited power, but rather a trustee of authority exercised for the good order, justice, and welfare of the people.
The Australian constitutional tradition has been shaped by many streams of thought: British constitutional development, common law principles, parliamentary government, legal philosophy, and historical ideas concerning justice, accountability, and the restraint of power. Among those influences is the ancient understanding that rulers and institutions are accountable to a higher standard than their own will.
Authority Under a Higher Law
For centuries, the Judeo-Christian tradition contributed significantly to Western concepts of justice, morality, and lawful authority. The Bible repeatedly presents leaders as accountable servants rather than absolute masters.
Kings were commanded to rule with justice. Judges were instructed not to show partiality. Those entrusted with authority were warned that power carried responsibility.
The principle was clear:
A ruler does not create truth; a ruler is accountable to truth.
The Psalmist declared:
“Righteousness and justice are the foundation of thy throne.” — Psalm 89:14
This concept – that authority must rest upon justice – became one of the foundations upon which later constitutional ideas developed.
Magna Carta and the Limitation of Power
The Magna Carta of 1215 stands as one of the great milestones in the historical development of the rule of law.
Although it arose from a dispute between King John and his barons, its enduring significance was the principle that even the sovereign was not above the law. Over time, Magna Carta became associated with protections against arbitrary government action, lawful judgment, and the idea that government power must be exercised according to established legal principles.
The importance of Magna Carta lies not only in its historical document itself, but in the constitutional principle it represents:
The Crown is bound by law.
That principle developed into broader concepts of:
- equality before the law;
- lawful exercise of public power;
- procedural fairness;
- protection against arbitrary decisions;
- due process.
The Australian Parliament identifies Magna Carta as an important influence on democratic and legal traditions, including principles associated with the rule of law and rights.
The Rule of Law in the Commonwealth of Australia
The Commonwealth of Australia was established within this inherited tradition of lawful government.
The Constitution created institutions of government with defined powers and responsibilities. The Parliament makes laws, the Executive administers them, and the Judiciary interprets and applies the law independently. This structure reflects the principle that power must be exercised within lawful boundaries.
The rule of law requires more than the existence of legislation. It requires that:
- laws apply to those who govern as well as those who are governed;
- decisions affecting people are made according to lawful authority;
- public power is exercised fairly and rationally;
- citizens are entitled to know the basis upon which decisions affecting them are made.
The legitimacy of public institutions depends upon public confidence that these principles are being honoured.
The Duty of Public Office
Public office is not merely a position of authority. It is a position of responsibility.
Those who administer laws, exercise delegated powers, make official decisions, or represent the Commonwealth carry obligations beyond personal preference or institutional convenience.
The purpose of public power is not self-preservation.
The purpose of public power is service.
A healthy constitutional system requires transparency, honesty, accountability, and respect for the rights of individuals. When these principles are weakened, the relationship between the people and government is damaged.
A Reminder From History
History repeatedly demonstrates that societies become unstable when those with power believe they are beyond scrutiny.
Magna Carta was born from the demand that authority must have limits.
The constitutional tradition developed because generations understood that unchecked power threatens liberty.
The principle remains relevant today:
No office is higher than the law.
No official is above accountability.
No institution is strengthened by avoiding lawful scrutiny.
A Call to Constitutional Responsibility
To the Commonwealth of Australia body politic:
The preservation of constitutional government depends not only upon written documents but upon the character of those entrusted to uphold them.
The question for every generation is not merely whether laws exist, but whether justice is faithfully pursued through them.
The foundation of a free society is not fear of authority, but confidence that authority is restrained by law.
From the ancient teachings concerning righteous leadership, through Magna Carta, through the development of common law, and into Australia’s constitutional inheritance, the enduring principle remains:
Power must be accountable.
Authority must be lawful.
Justice must be protected.
A nation remains strong when those who govern remember that they, too, stand beneath the law.
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