Judicial Discretion and Human Rights: Expanding the Role of International Law in the Domestic Sphere

Wendy Lacey

Research output: Contribution to journalArticle

Abstract

Development in the use of international human rights law by judges in the exercise of their discretionary powers - individual judges have played important roles in emerging case law - unresolved questions concerning the relevance and impact of international human rights law to the varied discretionary powers exercised by judges - decision in Teoh cannot sustain an extension of the doctrine articulated in that case to the exercise of judicial discretion - the potential significance of international human rights law to the exercise of judicial discretion has yet to be fully realised in Australia.
Original languageEnglish
Pages (from-to)108-132
Number of pages25
JournalMelbourne Journal of International Law
Volume5
Issue number1
Publication statusPublished - 2004
Externally publishedYes

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