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The common law principle of legality

journal contribution
posted on 2013-01-01, 00:00 authored by Dan MeagherDan Meagher
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.

History

Journal

Alternative law journal

Volume

38

Issue

4

Pagination

209 - 213

Publisher

Legal Service Bulletin Cooperative

Location

Melbourne, Vic.

ISSN

1037-969X

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2013, Legal Service Bulletin Cooperative