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Interpretations, declarations and dialogue: rights protection under the Human Rights Act and Victorian Charter of Human Rights and Responsibilities

Masterman, R.M.W.

Authors



Abstract

Compares structural aspects of the Victorian Charter of Human Rights and Responsibilities Act 2006 with the parallel provisions and experience of the UK's Human Rights Act 1998. Considers: (1) the scope and range of protected rights under the two Acts; (2) the interpretative obligations of the two regimes; (3) issues of incompatibility and inconsistent interpretation; (4) the exclusion of legislative review; (5) public and private law effects; and (6) the role of the Victorian Equal Opportunities and Human Rights Commission, and the UK's failure to establish a dedicated Human Rights Commission to promote human rights awareness beyond the courts and Westminster processes.

Citation

Masterman, R. (2009). Interpretations, declarations and dialogue: rights protection under the Human Rights Act and Victorian Charter of Human Rights and Responsibilities. Public Law, 112-131

Journal Article Type Article
Publication Date Jan 1, 2009
Deposit Date Jul 14, 2011
Journal Public Law
Print ISSN 0033-3565
Publisher Sweet and Maxwell
Peer Reviewed Peer Reviewed
Pages 112-131
Keywords Declarations of incompatibility, Parliamentary scrutiny, Statutory interpretation, Victoria.
Publisher URL http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=469&productid=7106


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