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Chapter 28: The principle of legality

Chapter 28: The principle of legality

pp. 432-449

Authors

, La Trobe University, Victoria, , University of Western Australia, Perth,
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Summary

[28.1] The principle of legality is a rule of construction under which it is presumed that Parliament does not intend by legislation to abrogate or curtail fundamental common law rights (including privileges and immunities) or principles or to depart to a marked degree from the general system of law.

Keywords

  • The Principle of Legality
  • principle of legality
  • common law rights
  • system of law
  • fundamental principles
  • delegated legislation

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