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.

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Title The common law principle of legality
Author(s) 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 http://hdl.handle.net/10536/DRO/DU:30060015

Document type: Journal Article
Collection: School of Law
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