The common law principle of legality

Meagher, Dan 2013, The common law principle of legality, Alternative law journal, vol. 38, no. 4, pp. 209-213.

Attached Files
Name Description MIMEType Size Downloads

Title The common law principle of legality
Author(s) Meagher, DanORCID iD for Meagher, Dan
Journal name Alternative law journal
Volume number 38
Issue number 4
Start page 209
End page 213
Total pages 5
Publisher Legal Service Bulletin Cooperative
Place of publication Melbourne, Vic.
Publication date 2013-01
ISSN 1037-969X
Keyword(s) human rights
principle of legality
statutory bill of rights
contemporary Australian law
Australian courts
Summary 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.
Language eng
Field of Research 180122 Legal Theory, Jurisprudence and Legal Interpretation
Socio Economic Objective 940407 Legislation, Civil and Criminal Codes
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2013, Legal Service Bulletin Cooperative
Persistent URL

Document type: Journal Article
Collections: Faculty of Business and Law
Connect to link resolver
Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved.

Version Filter Type
Citation counts: TR Web of Science Citation Count  Cited 10 times in TR Web of Science
Scopus Citation Count Cited 0 times in Scopus
Google Scholar Search Google Scholar
Access Statistics: 542 Abstract Views, 7 File Downloads  -  Detailed Statistics
Created: Tue, 28 Jan 2014, 11:57:02 EST by Katrina Fleming

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact