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

Masterman, R.M.W.

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. (online). 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
• 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.
• Public URL: https://durham-repository.worktribe.com/output/1529883
• Publisher URL: http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=469&productid=7106