" If the government is able to punish anything "deserving" it may imprison opposition so that it can become unopposed. It may also proscribe organizations for being "terrorist" organizations or aiding "terrorists" organizations. An example of this was the attempt to abolish the Communist party in Australia following World War 2. This attempt failed as it was in violation of the Rule of Law. George Williams stated: "Maximum security at the cost of living in an authoritarian state is not something Australians would, or should, accept." .
Imprisonment without trial is in violation of the Rule of Law. Trial without jury is in direct violation of s80 of the Australian Constitution. In 1956 Lord Devlin wrote: .
The first object of any tyrant in Whitehall would be to make Parliament utterly subservient to his will; and the next to overthrow or diminish trial by jury, for no tyrant could afford to leave a subject's freedom in the hands of twelve of his countrymen. So that trial by jury is more than an instrument of justice and more than one wheel of the Constitution; it is the lamp that shows that freedom lives.
If the Constitution is violated the Rule of Law has been breached, A.V. Dicey's third requirement of the Rule of Law is "the full incorporation of constitutional law as part of the ordinary law of the land, not as a separate constitutional code which might be vulnerable to suspension in times of trouble." .
A clear example of the removal of liberty and human rights is Camp X-Ray at Guantanamo Bay. .
Camp X-Ray is used by the United States to hold terrorist suspects outside every jurisdiction in the world. . If no one can, define exactly and precisely what is terrorism, and who is a terrorist than there is no law allowing the imprisonment of individuals, forever, with no trial. As far as "definitions" are concerned, it is a well-know maxim that "one person's terrorist is another's Freedom Fighter (eg.
