A bad trip for health-related human rights: Implications of Momcilovic v the Queen (2011) 85 ALJR 957
Momcilovic v The Queen (2011) 85 ALJR 957;  HCA 34 arose from a prosecution for drug trafficking brought under the Drugs, Poisons and Controlled Substances Act 1981 (Vic). The Australian High Court held that the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) validly conferred a power on the Victorian Supreme Court and Court of Appeal to interpret legislation in a manner consistent with a defined list of human rights. By a slim majority it also held that the...[Show more]
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