Magna carta, common law values and the constitution



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41. Moreover, it has been recognised that, in the course of statutory interpretation, judicial findings about legislative intention (itself a metaphor) are an expression of the constitutional relationship between the arms of government with respect to the making, interpretation and application of laws42. Lady Justice Arden has recognised a similar constraint in the United Kingdom effected by the Human Rights Act 1998 (UK)43.

Next, what is encompassed by the expression "due process" in the Australian constitutional context is not necessarily to be equated with concepts captured by the expression elsewhere




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