Confluence or divergence? The principle of legality and the presumption of consistency with international law

Wendy Lacey

Research output: A Conference proceeding or a Chapter in BookChapter in text book

7 Citations (Scopus)

Abstract

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?
Original languageEnglish
Title of host publicationThe Principle Of Legality In Australia And New Zealand
EditorsDan Meagher, Matthew Groves
Place of PublicationAustralia
PublisherAustralia The Federation Press
Chapter12
Pages237-255
Number of pages19
Edition1
ISBN (Print)9781760021252
Publication statusPublished - 2017
Externally publishedYes

Fingerprint Dive into the research topics of 'Confluence or divergence? The principle of legality and the presumption of consistency with international law'. Together they form a unique fingerprint.

  • Cite this

    Lacey, W. (2017). Confluence or divergence? The principle of legality and the presumption of consistency with international law. In D. Meagher, & M. Groves (Eds.), The Principle Of Legality In Australia And New Zealand (1 ed., pp. 237-255). Australia The Federation Press.