The normativity of the principle of legality
Download (312.33 kB)
Description
The constitutional justification for the principle of legality has been transformed. Its original basis in a positive claim about authentic legislative intention has been repudiated. Statutes today are so far-reaching that it would be wrong to suppose any actual improbability in legislative intentions to abrogate common law rights. Two rival justifications for the principle have emerged in response. One is a refined positive claim: legislatures do not intend to abrogate 'fundamental' rights....[Show more]
Collections | ANU Research Publications |
---|---|
Date published: | 2013 |
Type: | Journal article |
URI: | http://hdl.handle.net/1885/64479 |
Source: | Melbourne University Law Review |
Download
File | Description | Size | Format | Image |
---|---|---|---|---|
01_Lim_The_normativity_of_the_2013.pdf | 312.33 kB | Adobe PDF | ||
02_Lim_The_normativity_of_the_2013.pdf | 76.66 kB | Adobe PDF |
Items in Open Research are protected by copyright, with all rights reserved, unless otherwise indicated.
Updated: 17 November 2022/ Responsible Officer: University Librarian/ Page Contact: Library Systems & Web Coordinator