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

40 Pages Posted: 2 Sep 2012

See all articles by Will Bateman

Will Bateman

Australian National University

James Stellios

ANU College of Law

Date Written: 2012

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

Suggested Citation

Bateman, Will and Stellios, James, Chapter III of the Constitution, Federal Jurisdiction and Dialogue Charters of Human Rights (2012). Melbourne Univeristy Law Review, Vol. 36, No. 1, 2012, Available at SSRN: https://ssrn.com/abstract=2139994

Will Bateman (Contact Author)

Australian National University ( email )

Canberra, Australian Capital Territory 2601
Australia

HOME PAGE: http://https://law.anu.edu.au/people/will-bateman

James Stellios

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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