bill of rights
The latest Part of the Australian Law Journal includes the following articles: “Conscience and unjust enrichment” – Robert Boadle; “Singapore flags avenue of appeal against plain-packaging tribunal’s ruling on jurisdiction” – Tom Clarke; and “Law vs history: The bill of rights 1688 or 1689?” – David Clark. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Constitutional Law; International Focus; Personalia; Overseas Law; and Recent Cases.
Who is sovereign now? The Momcilovic Court hands back power over human rights that Parliament intended it to have
By Julie Debeljak* The decision of R v Momcilovic concerned the rights-compatibility of a reverse legal burden of proof under drug control legislation. The Victorian Court of Appeal held that the reverse onus provision was an unjustified limit on the right to the presumption of innocence under s 25(1) of the Charter of Human Rights ...more
The March 2011 issue of the Australian Journal of Administrative Law (AJ Admin L) (Vol 18 Pt 2) is a thematic issue on human rights. With Australian now the only “common law liberal democracy” without a Bill of Rights (see S Churches, “Introduction to special issue on human rights” (2011) 18 AJ Admin L 63), ...more
By James Allan. I am a bill of rights sceptic. A good number of the peer reviewed law journal articles I have written in the last decade or so, plus a bunch of book chapters, have been related to the issue of bills of rights, about a couple of dozen such pieces.