The Constitutional Validity of Declarations of Incompatibility in Australian Charters of Rights

Authors

  • Dominique Dalla-Pozza
  • George Williams

DOI:

https://doi.org/10.21153/dlr2007vol12no1art166

Abstract

New Australian human rights legislation has created novel ‘dialogues’ between different arms of government. In Victoria and the ACT courts have been empowered to make declarations of incompatibility to the Attorney-General regarding the human rights acts and other legislation. This article examines the Constitutional implications for a similar mechanism in a proposed Commonwealth Human Rights Act

Author Biographies

  • Dominique Dalla-Pozza

    PhD Candidate, Gilbert + Tobin Centre of Public Law, Faculty of Law, University of New South Wales

  • George Williams

    Anthony Mason Professor and Director, Gilbert + Tobin Centre of Public Law, Faculty of Law, University of New South Wales; Barrister, New South Wales Bar.

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Published

2007-01-01

Issue

Vol. 12 No. 1

Section

Articles