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.

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