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When interpreting the Constitution, should the High Court have regard to international human rights norms?

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This essay received 82 / 100. The issues addressed are: 1. International human rights norms in Constitutional law are opposed by Australians 2. The vague nature of IHR norms make them susceptible to manipulation 3. The separation of powers doctrine is compromised by the consideration of IHR norms in constitutional interpretation 4. IHR norms are not relevant to municipal law as they operate in two distinctly separate spheres

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When interpreting the Constitution, should the High Court have regard to international human rights norms?
Topics this document covers:
Law Political philosophy Philosophy of law Australian constitutional law Conservatism in the United States Intention Originalism Supreme Court of the United States Living Constitution High Court of Australia Supreme court Human rights Michael Kirby McHugh
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Topics this document covers:
Law Political philosophy Philosophy of law Australian constitutional law Conservatism in the United States Intention Originalism Supreme Court of the United States Living Constitution High Court of Australia Supreme court Human rights Michael Kirby McHugh
Sample Text:
The debate surrounding this issue stems from the Constitution’s lack of interpretive guidance for when ambiguity arises. To address this ambiguity Living Constitution, a progressivist theory, seeks an interpretation that incorporates contemporary values to ensure a constitution that evolves with society. 1 Contrastingly, conservative theories, like Legalism, require interpretations that strictly adhere to the Constitution’s text. 2 This debate was largely introduced in the Australian context by Justice Kirby following the enactment of the Bangalore Principles in 1988. 3 These principles controversially state that where constituti...
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