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
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
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