Bruce Chen

Deakin University, School of Law

Senior Lecturer

Burwood, Victoria 3215

Australia

SCHOLARLY PAPERS

19

DOWNLOADS

853

SSRN CITATIONS

0

CROSSREF CITATIONS

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Scholarly Papers (19)

1.

The Principle of Legality: Issues of Rationale and Application

(2015) 41(2) Monash University Law Review 329, Monash University Faculty of Law Legal Studies Research Paper No. 2015/19
Number of pages: 48 Posted: 15 Apr 2016 Last Revised: 02 May 2016
Bruce Chen
Deakin University, School of Law
Downloads 261 (209,163)

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Principle of legality, interpretive principle, common law, fundamental common law rights and freedoms and immunities, fundamental common law principles, departures from the general system of law, legislative intention, rationale, methodology

2.

The Principle of Legality: Protecting Statutory Rights from Statutory Infringement?

(2019) 41(1) Sydney Law Review 73
Number of pages: 32 Posted: 24 May 2019
Bruce Chen
Deakin University, School of Law
Downloads 130 (387,131)

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Principle of legality, interpretive principle, common law, applicability to statutory rights, legislative intention, rationale, parliamentary sovereignty, doctrine of implied repeal, constitutional statutes, Charter of Human Rights and Responsibilities Act 2006 (Vic), related presumptions

3.

Recognition of the Human Right to Water: Has the Tide Turned?

Gerber, P. and Chen, B., 'Recognition of the human right to water: has the tide turned?' (2011) 36(1) Alternative Law Journal 2, Monash University Faculty of Law Legal Studies Research Paper No. 2011/49
Number of pages: 10 Posted: 21 Feb 2013
Paula Gerber and Bruce Chen
Monash University - Faculty of Law and Deakin University, School of Law
Downloads 123 (403,906)

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Human Rights, UDHR, International Law, Water, Right to water, UN, United Nations, Declaration

4.

No Way Out? Australia’s Overseas Travel Ban and 'Rights-Based' Interpretation

(2022) 10(1) Griffith Journal of Law and Human Dignity 53
Number of pages: 30 Posted: 07 Dec 2022
Bruce Chen
Deakin University, School of Law
Downloads 84 (524,501)

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5.

The French Court and the Principle of Legality

University of New South Wales Law Journal, Vol. 41, No. 2, 2018, Monash University Faculty of Law Legal Studies Research Paper No. 3192775
Number of pages: 48 Posted: 28 Jun 2018 Last Revised: 09 Aug 2018
Bruce Chen
Deakin University, School of Law
Downloads 81 (536,116)

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Principle of legality, interpretive principle, common law, fundamental common law rights and freedoms and immunities and principles and general system of law, High Court of Australia, Chief Justice French, underlying developments in treatment of principle, review of French Court jurisprudence

6.

Making Sense of Momcilovic: The Court of Appeal, Statutory Interpretation and the Charter of Human Rights and Responsibilities Act 2006

Australian Institute of Administrative Law Forum No. 74
Number of pages: 9 Posted: 10 Jul 2014 Last Revised: 09 Mar 2015
Bruce Chen
Deakin University, School of Law
Downloads 53 (667,922)

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human rights, statutory interpretation, Charter of Human Rights and Responsibilities Act 2006 (Vic), section 32(1), section 7(2), Momcilovic v The Queen, Victorian Court of Appeal

7.

Section 32(1) of the Charter: Confining Statutory Discretions Compatibly with Charter Rights?

Monash University Faculty of Law Legal Studies Research Paper 2017/07
Number of pages: 30 Posted: 13 Apr 2017 Last Revised: 18 Sep 2017
Bruce Chen
Deakin University, School of Law
Downloads 41 (742,587)

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Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic), section 32(1), domestic bill of rights, statutory discretions, statutory interpretation, principle of legality, eight-year review of the Victorian Charter

8.

Refusing to Process Voluminous Requests: Contrary to the Spirit of Freedom of Information?

37(3) Monash University Law Review 132, 2012
Number of pages: 23 Posted: 29 Mar 2014
Bruce Chen
Deakin University, School of Law
Downloads 40 (749,450)

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Freedom of information, voluminous requests, Freedom of Information Act 1982 (Vic), section 25A(1)

9.

Revisiting Section 32(1) of the Victorian Charter: Strained Constructions and Legislative Intention

Monash University Law Review, 2021
Number of pages: 54 Posted: 25 Jun 2021
Bruce Chen
Deakin University, School of Law
Downloads 22 (894,827)

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Charter of Human Rights and Responsibilities Act 2006 (Vic), Section 32(1), Statutory Interpretation, Strained Constructions, Legislative Intention, Post-Momcilovic v the Queen, Principle of Legality

10.

The Quiet Demise of Declarations of Inconsistency Under the Victorian Charter

Melbourne University Law Review, Vol. 44, No. 3, 2021
Number of pages: 35 Posted: 07 Dec 2022
Bruce Chen
Deakin University, School of Law
Downloads 18 (933,240)

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11.

The Nelson inquest: Relevance of the Victorian Charter to the coronial function of preventing deaths in custody

(2023) Alternative Law Journal
Posted: 16 Nov 2023
Bruce Chen and Anita Mackay
Deakin University, School of Law and La Trobe Law School

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Coroners Court, inquests into deaths, Aboriginal deaths in custody, Charter of Human Rights and Responsibilities Act 2006, Australian Human Rights Acts, human rights, preventive function

12.

The COVID-19 Border Closure to India: Would An Australian Human Rights Act Have Made a Difference?

(2021) 46(4) Alternative Law Journal 320
Posted: 10 Nov 2022
Bruce Chen
Deakin University, School of Law

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13.

The Regulation of Hair: A Hairy Issue for Equality and Human Rights?

Australian Journal of Human Rights, Forthcoming
Posted: 25 Jun 2021
Bruce Chen
Deakin University, School of Law

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equality, discrimination, human rights, bills of rights, hair, facial hair

14.

The Principle of Legality and S 32(1) of the Victorian Charter: Is the Latter a Codification of the Former?

Public Law Review, 2020
Posted: 25 Jun 2021
Bruce Chen
Deakin University, School of Law

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Charter of Human Rights and Responsibilities Act 2006 (Vic), Section 32(1), Principle of Legality, Statutory Interpretation, Post-Momcilovic v the Queen

15.

The Victorian COVID-19 Response: Reflections on Loielo V Giles

Public Law Review 2021
Posted: 22 Jun 2021
Bruce Chen
Deakin University, School of Law

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COVID-19, Public Health and Wellbeing Act 2008 (Vic), emergency powers, curfew, administrative law, Charter of Human Rights and Responsibilities Act 2006 (Vic)

16.

The Human Rights Act 2019 (Qld): Some Perspectives from Victoria

(2020) 45(1) Alternative Law Journal 4
Posted: 15 Jul 2020
Bruce Chen
Deakin University, School of Law

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Human Rights Act 2019 (Qld), Charter of Human Rights and Responsibilities Act 2006 (Vic), dialogue model for human rights, human rights law

17.

How Does the Charter Affect Discretions? The Limits of s 38(1) and Beyond

(2018) 25 Australian Journal of Administrative Law 28
Posted: 24 May 2019
Bruce Chen
Deakin University, School of Law

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Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic), sections 38(1), 39(1), 32(1) and 6(2)(b), domestic bill of rights, discretions, judicial review remedies, Bare v IBAC, eight-year review of the Victorian Charter, principle of legality

18.

Plaintiff S99/2016 and the Expansion of the Principle of Legality

(2016) 27 Public Law Review 167
Posted: 11 Nov 2016
Bruce Chen
Deakin University, School of Law

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Principle of legality, interpretive principle, common law, fundamental common law rights and freedoms and immunities, fundamental common law principles, departures from the general system of law, torts, equity

19.

A Right to Reasons: Osmond in Light of Contemporary Developments in Administrative Law

Thomson Reuters; Chen, Bruce, A Right to Reasons: Osmond in Light of Contemporary Developments in Administrative Law (2014); 21 AJ Admin L 208.
Posted: 04 Nov 2014
Bruce Chen
Deakin University, School of Law

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Right to reasons, common law, administrative law, Public Service Board (NSW) v Osmond (1986) 159 CLR 656