Comparison with the UK
- Human Rights Act 1998
- Read-down provision: s 3
- Declarations of incompatibility: s 4, 10.
- 28 declarations made so far: 18 remedied, 1 ignored, 9 appealed
- Ghaidan v Godwin Mendoza 2004
- UK has a statutory Bill of Rights, the Human Rights Act 1998
- It contains reading down provisions, and allows the Supreme Court to make declarations of incompatibility with are invariably followed by the gov’t
- Parl may amend, or Exec may amend without further need for legislative approval
- Minister must make statements about proposed legislation regarding compatibility, or give reasons as to why they wish to proceed regardless
- Ghaidan v Godwin Mendoza 2004 is an example of how the read-down provisions worked re: the Rent Act and interpretations of marriage.
UK courts can offer remedies to those who have had their rights infringed
It is unlawful for a public authority to infringe on these rights (unless via subsequent, explicit legislation)
The UK is party to all Covenants that Aus is.