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Australia's Growing Debt to the European Court of Human Rights

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journal contribution
posted on 29.10.2019 by Justice Michael Kirby
An interesting recent development in judicial reasoning in Australia has been the growing recourse by judges to decisions and reasons of the European Court of Human Rights. The author points to the use of a decision of that court by the High Court of Australia in the prisoners' voting rights case of 2007: Roach v Electoral Commissioner. He then examines the citation of reasons of the European Court of Human Rights in Australia from early days in the 'free speech' cases up to the present time. The citations have ranged from cases on the right to fair trial, migration law, family law and a range of other topics. With the enactment of human rights statutes in Australia, this use by Australian courts of decisions of the European Court of Human Rights is bound to expand.
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Publication Date

2008

Volume

34

Issue

2

Type

Article

Pages

239–261

AGLC Citation

Justice Michael Kirby, ‘Australia's Growing Debt to the European Court of Human Rights’ (2008) 34(2) Monash University Law Review 238

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