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Australia; U.S. Bill of Rights; Australian Constitution; U.S. Constitution; The Australian High Court; Australian Bill of Right; Andrew Inglis Clark; republican theory; natural rights; British constitutional theory; Fourteenth Amendment; International Covenant on Civil and Political Rights (ICCPR); Commonwealth Parliament; Human Rights (Parliamentary Scrutiny) Act 2011; Parliamentary Joint Committee on Human Rights; Universal Declaration of Human Rights; International Covenant on Economic; Social and Cultural Rights; U.N.; human rights; National Crime Authority; Australian Parliament; principle of legality; common law; Migration Act 1958; Article III; Chapter III; Marbury v. Madison
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Full-Text Articles in Law
The Principle Of Legality And A Common Law Bill Of Rights—Clear Statement Rules Head Down Under, Dan Meagher
The Principle Of Legality And A Common Law Bill Of Rights—Clear Statement Rules Head Down Under, Dan Meagher
Brooklyn Journal of International Law
This article traces the evolution in Australia of fundamental rights protection provided by the courts. It is a fascinating and controversial story that, at its most critical moments, was (and continues to be) informed by U.S. constitutional law design and statutory interpretation principles. On one level, that is no surprise when “it may be said that, roughly speaking, the Australian Constitution is a redraft of the American Constitution of 1787 with modifications found suitable for the more characteristic British institutions and for Australian conditions.” But, what is extraordinary is that the decision of the framers of the Australian Constitution to …