AJ 025 Lecture Notes - Lecture 4: Good Governance, Statutory Interpretation, Australia Act 1986

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 025
• Professor: shirk

Document Summary

Federalism: cth constitution excludes states from legislating on a few topics. Cth law prevails where there is inconsistency (s. 109) Also bound by express and implied rights in constitution. Not bound by limits applying specifically to cth (acquisition of property on just terms). Tension between rights protection v parliamentary sovereignty. Rights protection places a limit on parliamentary sovereignty, limits their powers because they can"t make any law they want. Sources of rights protection: common law, victorian charter of human rights and. Not settled legally that common law has this power but hasn"t been struck down by hc. Principle of legality: the idea that where possible, statutes passed by parliament should be interpreted by courts in a way that supports human rights principles. Statutory interpretation principle that unless parliament explicitly states so, human rights should be upheld. Doesn"t stop parliament from making law that goes against human rights though. There are some common law rights that are so fundamental that a parliamentary.