'…If you mistreat a penguin in London Zoo, you will not escape prosecution because you are the Archbishop of Canterbury.'The rule of law basically demands; that all are equal before the law, that the government is subject to the law and must exercise its power in accordance with the law, and that “there are fundamental individual freedoms and minimum standards of justice, to which the law must conform” . The rule of law is difficult to define, but put simply, it is not "rule of men" and is evident in societies with a functioning justice system and a clear separation of powers, as in New Zealand. It is one of the many intrinsic attributes of our constitutional constitution and, generally speaking, the assistance that the judiciary provides in “ensuring the maintenance of the rule of law”. The judiciary is both part of and upholds the rule of law, yet it is the least of the three branches of government, but nonetheless a force to be reckoned with in verifying compliance with the rule of law . The judiciary can be seen as analogous to the rule of law. This is both an outcome because it involves checking and balancing the other two branches of government against arbitrary abuse of citizens. Disparate, in that the judiciary is not democratically elected and its inherent powers under common law can create “judge-made law”8888. The land affair and the incriminated section 9 of the SOE Act highlight the fact that the legislature invites the judiciary to create the "principles" of the Treaty of Waitangi, because the law left the definition to the judiciary, which which is therefore not in conflict with the rule. of law and the supremacy of Parliament. However, in Baigent's case, Cooke P created a remedy for violation of the Bill of Rights, even though no such clause existed. In the same vain...... middle of paper ...... rule of law. Works Cited Bingham, Tom. The rule of law. Allen Lane, 2010. Dorset, Simon. Public law. 3rd ed. Butterworths Student Companion. Wellington [New Zealand]: LexisNexis Butterworths, 2002. Gray, John. Lawyer's Latin. 2nd ed. Robert Hale Ltd, 2006. McDowell, Morag. The New Zealand legal system: structures and processes. 4th ed. Wellington, New Zealand: LexisNexis, 2006. Morris, Grant. Law Alive: The New Zealand legal system in context. South Melbourne, Vic: Oxford University Press, 2008.———. Law Alive: The New Zealand legal system in context. South Melbourne, Vic: Oxford University Press, 2008. Palmer, Geoffrey and Matthew Palmer. Restrained Power: The Constitution and Government of New Zealand. 4th ed. Oxford University Press, USA, 2004. Spiller, Peter. Butterworths Legal Dictionary of New Zealand. 6th ed. Wellington, New Zealand: LexisNexis New Zealand, 2005.