Which one of the following statements suggests a failure of the basic principles of the rule of law?

Question

BlackTom AI · Accepted Answer

The rule of law rests on core principles: legality (government acts according to law), separation of powers (legislation by parliament, administration by the executive, adjudication by the judiciary), legal certainty and accessibility, equality before the law, and accountability of public officers. A failure of the rule of law occurs where those principles are undermined — for example by arbitrary decision‑making, executive domination of law‑making, or discriminatory application of rules.

Step‑by‑step reasoning:
1. Examine option b: "Commonwealth legislation is made according to the wishes of the Prime Minister and Cabinet." If legislation is produced simply to reflect the personal wishes of the Prime Minister and Cabinet rather than through the established parliamentary law‑making process and legal constraints, that indicates executive usurpation of legislative power and arbitrary rule. This contradicts separation of powers and the requirement that laws be made according to accepted procedures and principles, so it signals a failure of the rule of law.
2. Compare the other options to the rule of law principles:
   - a: "The law is clear, just and accessible" aligns directly with legal certainty and accessibility — it supports, not undermines, the rule of law.
   - c: "A judge of the High Court is held accountable under the law" reflects that even judges are bound by law and can be held to lawful accountability; this is consistent with the rule of law (provided accountability respects judicial independence and due process).
   - d: "A person is not treated differently ... on the basis of sexual preferences or religious beliefs" embodies equality before the law and non‑discrimination — again consistent with the rule of law.

Why the correct answer is correct: Option b explicitly describes executive control over law‑making and arbitrary rule, undermining separation of powers and legality. That is exactly a failure of the rule of law.

Conclusion: The correct choice is b. Commonwealth legislation made according to the Prime Minister’s and Cabinet’s wishes indicates a breakdown of the rule of law.

Which one of the following statements suggests a failure of the basic principles of the rule of law?单项选择题

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