by Ganesh Sahathevan
The following extracts from a paper by Anne Twomey, Professor of Constitutional Law, University of Sydney:
The rule of law is also an important principle. It potentially supports the dismissal of a Prime Minister who persists in serious breaches of the law or the Constitution. It also would potentially permit a Governor-General to decline to act upon advice to commit a manifest breach of the Constitution or of a law. However, the application of this principle is often tempered by another principle, the separation of powers and the role of the judiciary in determining legality. Where the judiciary may not determine legality, because the matter is not justiciable, or where the breach of the rule of law is both serious and uncontestable or uncontested, then an exercise of a reserve power to reject advice or to seek new advisers, may be warranted.