Jelena Gligorijević: Game, Set and Match for the Rule of Law

UK Constitutional Law Association

Many diverse issues have been raised, and diverse perspectives aired, in the Australian and international public square, over the past week about the events concerning the cancellation of Novak Djoković’s visa by the Australian (federal) executive government (see hereherehereherehere, and here). 

I will focus on an issue and a principle that sits comfortably above, and has always sat comfortably above, substantive political decisions, national pandemic responses, state capacity, moral stances about vaccination, commercial decisions by organisers of a tournament, and the emotions of sports fans. That principle is the rule of law.

To quote theAustralian Prime Minister: “Rules are rules…no one is above these rules”. Indeed, the rules bind the executive government, and it is not above the law. This principle has been confirmed in theoutcome of the judicial reviewbrought by Mr Djoković against the Australian…

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