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The relationship between human rights and common law
Date Submitted: 08/05/2004 11:07:41
Australia as a state is a signatory party to over 900 treaties, which through the terms of their provisions and ratification entail an obligation to act in compliance with that obligation.
Although it is a well-settled principle that the ratification of a treaty does not form part of Australian domestic law unless passed into legislation by parliament , a treaty unincorporated into legislation may still bear an influence on the development of common law and the making
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Bay, 4 July 2003.
Pritchard S, "The Jurisprudence of Human Rights: Some Critical Thought and Developments in Practice", (1995) 2(1) Australian Journal of Human Rights 3.
Roberts S, "Teoh v Minister for Immigration: The High Court Decision and the Governments Reaction to it: (1995) 2(1) Australian Journal of Human Rights 135.
Saunders C, "Protecting Rights in Common Law Constitutional Systems: A Framework for a Comparative Study", [2002] VUWLRev 21; (2002) 33(3&4) VUWLR 83 <http://www.austlii.edu.au/nz/journals/VUWLRev/2002/21.html>
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