Tag: Principle of legality

What is Administrative Law About? Power, Rights, and Judicial Culture in Australia

BY JOE MCINTYRE

Administrative Law has always exposed difficult constitutional fault lines. As the role of the State expanded, courts improvised responses to affect a broadly effective system of legal accountability for executive action. This evolution has, however, left a … Read the rest

The Principle of Legality as a Reflection of the Constitutional Relationship between Parliament and the Courts

BY DAN WESTBURY

Australian legislatures and courts interact through the process of statutory construction. As part of this process, the principle of legality represents a subtle constraint by courts on Parliament. It is a rule of statutory interpretation that courts … Read the rest

The Principle of Legality and Section 32(1) of the Charter: Same Same or Different?

bruce-chen

BY BRUCE CHEN

The principle of legality and s 32(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘Charter’) are both directed at the interpretation of legislation with, broadly speaking, similar objectives directed at the protection of … Read the rest

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