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The United Kingdom's Statutory Bill of RightsConstitutional and Comparative Perspectives$
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Roger Masterman and Ian Leigh

Print publication date: 2013

Print ISBN-13: 9780197265376

Published to British Academy Scholarship Online: January 2014

DOI: 10.5871/bacad/9780197265376.001.0001

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Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’

Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’

Chapter:
(p.221) 10 Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’
Source:
The United Kingdom's Statutory Bill of Rights
Author(s):

Simon Evans

Julia Watson

Publisher:
British Academy
DOI:10.5871/bacad/9780197265376.003.0010

This chapter examines the influence of the new Commonwealth model of human rights protection (exemplified by the UK Human Rights Act 1998) on the form of the two Australian statutory Bills of Rights, and then considers the impact of Australia's distinctive legal culture and constitutional structure on the operation of these instruments. In particular, it examines the impact of culture and structure in the decision of the High Court of Australia in R. v Momcilovic [2011] HCA 34; (2011) 280 A.L.R. As a result of that case, key features of the Australian Bills of Rights now diverge from the dominant UK approach, a divergence so striking that it may no longer be possible to identify the Australian Bills of Rights as exemplars of the new Commonwealth model.

Keywords:   new Commonwealth model, constitutionalism, parliamentary sovereignty, strong form review, Victorian Charter, Human Rights Act, interpretative obligations

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