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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
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The Principle of Legality in Australia and New Zealand (Hardcover)
Loot Price: R2,915
Discovery Miles 29 150
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The Principle of Legality in Australia and New Zealand (Hardcover)
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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?
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