LAW1112 Lecture Notes - Lecture 1: Ronald Dworkin, Australian Constitutional Law, Refugee Law

72 views2 pages
9 Nov 2018
Department
Course

Document Summary

This means that when courts interpret the written law and find gaps or ambiguity in it, they should interpret the law in light of these underlying rights and duties in order to fil the gaps. Thus, dworkin assumes that judges have the capacity and authority not only to. In australian communist party v the commonwealth (1951) 83 clr 1 at 193, An instrument framed in accordance with many traditional conceptions, to some of which it gives effect, as, for example, in separating the judicial power from other functions of government, others of which are simply assumed. Among these i think that it may fairly be said that the rule of law forms an assumption. In church of scientology v woodward (1982) 154 clr 25 brennan j said at 70: In plaintiff s157/2002 v commonwealth (2003) 211 clr 476 at 492 gleeson cj asserted the rule of law as an interpretive principle:

Get access

Grade+
$40 USD/m
Billed monthly
Grade+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
10 Verified Answers
Class+
$30 USD/m
Billed monthly
Class+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
7 Verified Answers

Related Documents