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- Title
A FEDERAL HUMAN RIGHTS ACT AND THE RESHAPING OF AUSTRALIAN CONSTITUTIONAL LAW.
- Authors
Lee, H. P.
- Abstract
The article discusses the potential implications of the assumed Human Rights Act (HRA) to the constitutional law of Australia. It says that the Act will seek the implementation of the International Covenant on Economic, Social and Cultural Rights (ICCPR) which will not support the law's validity that is legislated pursuant to the external affairs power. It tells that the proportionality principle, which pledges free interstate trade, commerce, and intercourse, will have an increased prominence.
- Subjects
AUSTRALIA; HUMAN rights; FEDERAL laws; CONSTITUTIONAL law; INTERNATIONAL Covenant on Economic, Social &; Cultural Rights (1966); PROPORTIONALITY in law; INTERSTATE commerce
- Publication
University of New South Wales Law Journal, 2010, Vol 33, Issue 1, p88
- ISSN
0313-0096
- Publication type
Article