The Rule of Law Education Centre’s first national opinion survey has identified a major challenge for the legal system’s key institutions. A majority of respondents (55 per cent) rated the legal system – Australia’s framework of laws and justice processes – as either good or very good.
But despite that positive assessment, the Rule of Law Survey has also identified widespread concern about the ability of the legal system to deliver on the goal of equal treatment under the law.
It found overwhelming support for the equal protection of rights (93 per cent) and that level of support is broadly reflected across the political spectrum of voters in all states, age groups and employment categories.
Those polled believe the most important goal of the legal system should be to ensure everyone has the same rights, freedoms and opportunities (79 per cent) rather than the same social and economic outcomes (16 per cent).
But fewer than half (47 per cent) believe the legal system is actually providing equal treatment for everyone regardless of background.
One of the clearest findings was a strong belief in every state and across the political spectrum that the legal system favours some groups over others.
These findings have implications for those in government who are largely responsible for the design of the nation’s legal system.
They suggest that the community’s overall positive view of the legal system is being eroded by concern that certain identity groups are receiving favoured treatment which is unavailable to the general community.
This might help explain why just 38 per cent nominated Australia when asked to choose which of eight countries has the best legal system that treats people equally regardless of background.
This still placed Australia at the top of that list ahead of surprisingly strong support for Switzerland (30 per cent), followed by New Zealand (10 per cent), Canada (7 per cent), the United States (6 per cent), Britain (5 per cent), China (2 per cent) and India (1 per cent).
The Rule of Law Survey was conducted in May for the Rule of Law Education Centre by research agency Insightfully. It is based on the views of a representative sample of 1000 people and has a margin of error on the total sample of plus or minus 3.1 per cent.
It is the first in a series of annual surveys that will focus on the principles that underpin the rule of law which forms the backbone of Australia’s system of government.
The first survey has found widespread recognition that one of the most important of those principles – equal treatment under the law – is being eroded.
But it has also found that policy towards illegal immigrants is one area in which there is significant but not quite majority support for preventing this group from exercising the same legal rights as Australians.
Other key findings are:
- Almost a quarter of those surveyed do not believe judges generally decide cases based only on the law and not their personal preferences.
- There are just two states, NSW and Western Australia, in which a majority of those polled believe the legal system treats individuals equally regardless of background.
- The community is deeply divided on whether victims of crime – including race-based hate crimes – are being treated fairly and adequately by the legal system.
Nationally, concern about favoured treatment for certain groups is held by 64 per cent of all respondents.
The survey did not seek to identify which groups are receiving preferential treatment by the legal system and was concerned instead with determining whether those polled believed the principle of equal treatment was being infringed.
On victims of crime, the survey identified significant unease within the community about the way the legal system treats these people.
In five categories of wrongdoing, opinion was broadly divided between those who endorsed the current treatment of victims of these crimes and those who considered it to be unfair and inadequate.
The areas of greatest concern were the way the legal system treats victims of race-based hate crimes, sexual assault and cybercrime.
Nationally, just 40 per cent believe victims of race-based hate crimes, sexual assault and domestic violence are being treated fairly and adequately by the legal system while the figure for victims of cybercrime was even lower – 35 per cent.
One of the survey’s most troubling findings is that almost a quarter of respondents (23 per cent) do not believe judges generally decide cases based only on the law and not their personal preferences.
A bare majority (54 per cent) believe judges rely only on the law rather than their personal preferences.
And while the courts alone are empowered to make conclusive rulings on legal rights, most of those surveyed said that when it comes to protecting their rights they have more trust in the Australian Human Rights Commission.
When asked to rank the institutions they trust most to protect their rights, 54 per cent nominated the Human Rights Commission, followed by the police (22 per cent), the courts (17 per cent) and parliament (7 per cent).
