The common law principle of legality
Data(s) |
01/01/2013
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Resumo |
In this age of statutes and human rights the common law principle of legality has assumed a central importance. The principle holds that '[u]nless the Parliament makes unmistakably clear its intention to abrogate or suspend a fundamental freedom, the courts will not construe a statute as having that operation.' This development has occurred throughout the common law world most relevantly in New Zealand and the United Kingdom where its re-emergence coincided with the enactment of statutory bill of rights. It is however the aim of this article to outline the nature and scope of the principle of legality in contemporary Australian law. |
Identificador | |
Idioma(s) |
eng |
Publicador |
Legal Service Bulletin Cooperative |
Relação |
http://dro.deakin.edu.au/eserv/DU:30060015/meagher-commonlaw-2013.pdf http://dro.deakin.edu.au/eserv/DU:30060015/meagher-commonlaw-evid-2013.pdf http://search.informit.com.au/documentSummary;dn=853541702944840;res=IELAPA |
Direitos |
2013, Legal Service Bulletin Cooperative |
Palavras-Chave | #human rights #principle of legality #statutory bill of rights #contemporary Australian law #Australian courts |
Tipo |
Journal Article |