Judges of the High Court of Australia have viewed the rule of law as being an implicit, but undefined, part of the Australian constitutional system. In Australian Communist Party v Commonwealth (1951) 83 CLR 1, Dixon J stated that the �rule of law forms an assumption� of the constitution. However, is it an assumption the nature of which has been very unclear? Introduction This essay will be arguing for the contention that the rule of law does in fact form an unclear assumption of the Constitution. In Australian Communist Party v Commonwealth, Dixon J did states that �the rule of law forms an assumption� of the Constitution, an assumption which has been unclear. The rule of law is indeed an assumption of the Constitution, as it does not make an appearance within the document. The rule of law relies upon constitutional functions such as the Separation of Powers, Judicial independence and notions of parliamentary democracy in order to operate adequately. Without the rule of law Australians would have little to no rights, for our basic rights are assumed within the Australian C......

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