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Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’

Simon Evans and Julia Watson

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0010
Subject:
Law, Human Rights and Immigration

This chapter examines the influence of the new Commonwealth model of human rights protection (exemplified by the UK Human Rights Act 1998) on the form of the two Australian statutory Bills of Rights, ... More


Human Rights and Judicial Technique

Jack Beatson

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0007
Subject:
Law, Human Rights and Immigration

This chapter assesses changes in judicial approach and technique since the enactment of the Human Rights Act (HRA), and whether they are irreversible. It considers the language of analysis; the ... More


Cross-fertilisation of Constitutional Ideas: The Relationship between the UK Human Rights Act 1998 and the New Zealand Bill of Rights Act 1990

Petra Butler

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0011
Subject:
Law, Human Rights and Immigration

This chapter discusses the New Zealand courts' jurisprudence in regard to the interpretative provisions — sections 4, 5, and 6 — of the New Zealand Bill of Rights Act 1990. It not only gives an ... More


Legislative Supremacy and the Rule of Law

T. R. S. Allan

in The Sovereignty of Law: Freedom, Constitution and Common Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199685066
eISBN:
9780191765353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685066.003.0005
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Legislative supremacy and the rule of law are interdependent doctrines of the common law constitution, reconciling the demands of democracy and legality. While granting Parliament's status as ... More


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