Australian Constitutionalism and the UK-Style Dialogue Model of Human Rights Protection

31 Pages Posted: 30 Jan 2015 Last revised: 15 Feb 2015

Date Written: January 28, 2015

Abstract

This paper considers the constitutional obstacles in Australia to the effective operation of a UK-style dialogue model of human rights protection. In Momcilovic v The Queen, the High Court of Australia relied upon separation of judicial power principles to frustrate the operation of dialogue models in Australia: whether enacted at the federal or State level. As a consequence, constitutionalism Australian-style – specifically, separation of powers implications – presents impenetrable obstacles to the effective operation of a UK-style dialogue model, and has locked in a limited role for the judiciary in the protection of rights.

Keywords: Separation of powers, judicial power, human rights, dialogue models, constitutional law

Suggested Citation

Stellios, James, Australian Constitutionalism and the UK-Style Dialogue Model of Human Rights Protection (January 28, 2015). ANU College of Law Research Paper No. 14-47, Available at SSRN: https://ssrn.com/abstract=2557186 or http://dx.doi.org/10.2139/ssrn.2557186

James Stellios (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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