B Chen - RESUBMISSION FINAL.PDF (19.95 MB)
Statutory interpretation pursuant to the common law principle of legality and s 32(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic): Comparisons, Contrasts and Interrelationships
thesisposted on 2020-07-20, 04:58 authored by BRUCE CHEN
This thesis examines the interpretation of laws using rights and freedoms at common law and human rights under Victoria's bill of rights - the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter). In recent court cases, interpretation using the newer Charter has been equated with the older common law technique. However, the thesis finds that while there are some similarities, there are also significant differences or potential differences between the two. The thesis calls for the courts to reconsider and clarify this issue.