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

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.