Investigating the law

Law is a body of rules made or recognised by a legitimate authority, governing people, organisations and public authorities within its scope and enforceable through institutions such as police, courts and corrective services. Its functions include keeping order and safety, settling disputes peacefully, protecting rights and property, setting minimum standards of behaviour, guiding and limiting government, and reflecting (and sometimes shaping) the values of the community. School rules, customs and etiquette also guide behaviour.

They are not automatically laws, although particular rules or customs may have legal effects through legislation, contracts or recognition by courts.

Laws are more likely to be effective when they are known and accessible; clear and stable enough for people to plan around, yet flexible enough to change; enforceable in practice; applied equally to everyone; consistent with other laws; and broadly in line with the values of the society they govern. A law that is widely ignored, or that police cannot practically enforce, struggles to achieve justice however carefully it is drafted.

Law can be classified in several overlapping ways.

The syllabus specifies principles of justice including equality, access and fairness. Equality means everyone is treated equally before the law, without discrimination; sometimes equity (different treatment to remove disadvantage, such as a free interpreter) is needed to achieve real equality. Access means people can understand, afford and use the legal system and its remedies. Fairness means laws and processes are impartial, follow known rules and produce reasonable outcomes.

Ethics are principles of right and wrong held by individuals or communities. Ethics and law overlap (most people see murder as both unethical and illegal) but do not coincide: breaking a promise to a friend may be unethical but lawful. When ethical views shift, pressure builds for law reform. After decades of debate, NSW passed the Voluntary Assisted Dying Act 2022 (NSW), which began operating on 28 November 2023.

Procedural fairness (natural justice) has two core rules, whose application and required procedures depend on the legal and factual context. The hearing rule requires that a person whose interests are affected knows the case against them and has a genuine chance to respond before a decision is made. The rule against bias requires the decision-maker to be impartial: there must be no actual bias and no reasonable apprehension of bias, for example through a personal financial interest or prejudgment.

The rule of law requires government as well as individuals to act within the law. Public, clear rules, prospective operation and independent courts support this ideal; these are standards for evaluating a legal system, not proof that every enacted law meets them. Australian law can operate retrospectively, subject to applicable constraints. Magna Carta (first granted in 1215) became an important symbol in this tradition through later interpretation; it did not itself establish all modern protections.

These principles support individuals’ security and predictability, protections for groups, lawful government and public confidence; their practical effectiveness must be assessed rather than assumed. Where law is absent, people may turn to self-help or violence and the vulnerable are exploited.

Where law is misused, it can authorise injustice: the Aborigines Protection Act 1909 (NSW) gave the Board for the Protection of Aborigines statutory powers over reserves and powers concerning the care and apprenticing of Aboriginal children, showing that legality alone does not guarantee justice.