Indications of Inconsistency

Forthcoming, Cambridge Law Journal

35 Pages Posted: 30 Jul 2019

See all articles by Nicholas Petrie

Nicholas Petrie

University of Cambridge, Faculty of Law, Students; Formerly, North Australian Aboriginal Justice Agency (NAAJA)

Date Written: July 26, 2019

Abstract

The author makes two claims in this paper. First, there appears to be an increase in indications of inconsistency (“IoIs”) across the common law world. Secondly, this increase is a normatively concerning turn in judicial practice. IoIs are judicial statements which, either explicitly or by implication, indicate that primary legislation is incompatible with certain protected human rights or civil liberties. They are related to, but stop short of, the formal remedies known as declarations of inconsistency (“DoIs”).

Keywords: Indications of Inconsistency, Declarations of Inconsistency, Declarations of Incompatibility, Human Rights, Common Law

Suggested Citation

Petrie, Nicholas, Indications of Inconsistency (July 26, 2019). Forthcoming, Cambridge Law Journal. Available at SSRN: https://ssrn.com/abstract=3427131

Nicholas Petrie (Contact Author)

University of Cambridge, Faculty of Law, Students ( email )

Cambridge
United Kingdom

Formerly, North Australian Aboriginal Justice Agency (NAAJA) ( email )

61 Smith Street
GPO Box 1064
Darwin
Australia

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