Chapter III of the Constitution, Federal Jurisdiction and Dialogue Charters of Human Rights

Abstract

The High Court’s decision in Momcilovic v The Queen is the first to consider the compatibility of the Charter of Human Rights and Responsibilities 2006 (Vic) with ch III of the Constitution. The decision will have significant implications for the continuing effectiveness of key provisions of the Charter, the Human Rights Act 2004 (ACT) and any future federal charter of human rights. This article analyses the decision and evaluates its implications for the dialogue model of statutory human rights protection in Australia. It also considers several controversial statements concerning the principles of federal jurisdiction that arise from the decision.

Keywords: constitutional law, human rights law, federal jurisdiction, separation of powers

JEL Classification: K00, K10, K19