The principle of legality: an Australian common law bill of rights?
Date
2013
Authors
Henry Comley, A.
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Journal article
Citation
University of Notre Dame Australia Law Review, 2013; 15:83-110
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Abstract
This article examines the common law principle of legality, its content, operation and flaws, before turning to discuss the human rights protection afforded to the peoples of the Australian Capital Territory and Victoria through the Human Rights Act 2004 (ACT) and the Charter of Human Rights and Responsibilities Act 2006 (Vic). Under the common law principle of legality legislation is construed consistently with fundamental rights. The article finally compares the interpretive obligations placed on the courts by both the principle of legality and the current Australian human rights legislation to determine whether there is any weight to the proposition that the principle of legality is a common law bill of rights in Australia.