The Principle of Legality in Australia and New Zealand
The Principle of Legality in Australia and New Zealand

Author: Matthew Groves

Publisher:

Published: 2017-03-20

Total Pages: 304

ISBN-13: 9781760021252

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In this age of statutes and human rights the common law principle of legality has assumed a central importance. The principle holds that unless Parliament makes unmistakably clear its intention to curtail or abrogate a common law right, freedom or principle, the courts will not construe a statute as having that operation. As Lord Hoffmann famously observed, this "means that Parliament must squarely confront what it is doing and accept the political cost".The principle of legality is now central to the operation of Australian and New Zealand public law. Yet its content, methodology and scope remain elusive and has never been examined in detail. This book fills that gap by drawing together leading judges, practitioners and scholars to explore a range of interesting issues and challenges for the application of the principle of legality and its future trajectory: How does the principle operate? Which rights and freedoms fall within its scope and why? What is its relationship to the (so-called) common law bill of rights? Has proportionality a role to play in its application? How, if at all, does it differ from the presumption with international law? And in the construction of statutes does the principle serve to fulfil or frustrate the will of Parliament?

Understanding Administrative Law in the Common Law World
Understanding Administrative Law in the Common Law World

Author: Paul Daly

Publisher: Oxford University Press

Published: 2021

Total Pages: 321

ISBN-13: 0192896911

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A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Principles of Criminal Law
Principles of Criminal Law

Author: Simon Bronitt

Publisher: Lawbook Company

Published: 2001

Total Pages: 900

ISBN-13: 9780455217406

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Opens with a consideration of the social, economic and historical context of criminal law before examining the principles that form the basis of criminal law in Australia. Case studies of important decisions influencing the development of the law are included and interesting issues are highlighted.

The Legal Protection of Rights in Australia
The Legal Protection of Rights in Australia

Author: Matthew Groves

Publisher: Bloomsbury Publishing

Published: 2019-11-14

Total Pages: 503

ISBN-13: 1509919821

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How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.

Modern Challenges to the Rule of Law
Modern Challenges to the Rule of Law

Author: Richard Ekins

Publisher:

Published: 2011

Total Pages: 314

ISBN-13: 9781877511752

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The essays in this collection consider challenges to the maintenance of the rule of law in mature, modern legal systems. Leading judges and scholars from Australia, New Zealand and the United Kingdom - including the Hon Justice Dyson Heydon and Professor John Finnis - reflect on the nature of the rule of law and the form of order that it prescribes. The essays consider the distinction between formal and substantive conceptions of the rule of law; the relationship between rights, democracy and the rule of law; and the ideal's implications for legal change in general and the difference between legislating and case law development in particular. Some contributors address the way in which judicial action may challenge the rule of law. Others explore the ideal's implications in particular contexts. The collection's editor, Dr Richard Ekins, is a Senior Lecturer in Law at the University of Auckland.

New Zealand Constitution
New Zealand Constitution

Author: Bruce Harris

Publisher:

Published: 2018-12-31

Total Pages:

ISBN-13: 9781988553702

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Written by constitutional law specialist Bruce Harris, New Zealand Constitution An Analysis in Terms of Principles, is a unique commentary on New Zealand's unwritten constitution. The book, is written around sixteen fundamental principles, on which, in the author's view, the New Zealand constitution is built. The commentary on each principle is used to explain, analyse and critique the complex system of law and conventions that make up the constitution. The objective is to ensure that readers understand the New Zealand constitution as providing the foundation for an integrated system of stable government and an ordered society. This systematic approach to explaining the architecture of the constitution, is based on the authors more than forty years of experience of teaching and researching New Zealand constitutional law. The result is not only a clearly written and highly accessible text explaining the fundamentals of the New Zealand system of government, but also an indispensable learning tool for law students studying public law, political studies students, legal practitioners, judges, members of parliament, persons working in government and members of the community generally.

Health Law in Australia
Health Law in Australia

Author: Benjamin Peter White

Publisher:

Published: 2014

Total Pages: 881

ISBN-13: 9780455231549

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Annotation. HEALTH LAW IN AUSTRALIA 2ND EDITION is Australia's leading text in this area and was the first book to deal with health law on a comprehensive national basis. In this important field that continues to give rise to challenges for society, the book takes a logical, structured approach to explain the breadth of this area of law across all Australian jurisdictions. By covering all the major areas in this diverse field, HEALTH LAW IN AUSTRALIA 2ND EDITION enhances the understanding of the discipline as a whole. The work begins with an exploration of the general principles of health law, including chapters on "Negligence", "Children and Consent to Medical Treatment", and "Medical Confidentiality and Patient Privacy". The book goes on to consider beginning-of-life and end-of-life issues, before concluding with chapters on emerging areas in health law, such as medical research, genetic technologies and biotechnology. The contributing authors are national leaders who are specialists in these areas of health law and who can share with readers the results of their research. HEALTH LAW IN AUSTRALIA 2ND EDITION has been written for both legal and health audiences. It is essential reading for undergraduate and postgraduate students, researchers and scholars in the disciplines of law, health and medicine, as well as health and legal practitioners, private health providers, and government departments and bodies in the health area.

Parliamentary Sovereignty
Parliamentary Sovereignty

Author: Jeffrey Goldsworthy

Publisher: Cambridge University Press

Published: 2010-07-22

Total Pages:

ISBN-13: 1139491512

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This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.