Question
[A]dherence to the rule of law in Australia includes the maintenance of the system of law and government prescribed by the Constitution of the Commonwealth;
[A]dherence to the rule of law in Australia "includes the maintenance of the system of law and government prescribed by the Constitution of the Commonwealth; with a judiciary, as the "bulwark of freedom"...'
- Minister for Home Affairs v Benbrika[2021] HCA 4 [103]
Drawing on the case law related to the separation of judicial power in the context of executive power to detain a person (or to impose constraints on their liberty), analyse the position expressed in this quote and explain whether you agree with it or not, and why.
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Labor and Employment Law Text and Cases
Authors: David Twomey
15th edition
1133188281, 978-1133711841, 1133711847, 978-1285247632, 978-1133188285
