Saturday, May 29, 2010

Presumption that Statute is In conformity with International Law

The basic rule is that Parliament is to be presumed to intend to legislate in conformity, and not in conflict, with international law. [See Polites v The Commonwealth (1945) 70 CLR 60 at 68-69, 77,80-81; Zachariassen v The Commonwealth (1917) 24 CLR 166 at 181; Mabo v Queensland (No 2) (1992) 175 CLR 1 at 42; Minister for Foreign Affairs v Magno (1992) 37 FCR 298 at 303-305 per Gummow J; Newcrest Mining (WA) Ltd v The Commonwealth (1997) 190 CLR 513 at 657-66; Kartinyeri, above n35, at 745; Sir Anthony Mason "International Law as a Course of Domestic Law" in Opeskinand Rothwell (eds) International Law and Australian Federalism. Melbourne: Melbourne Uoiversity Press, 1997, at 220-222.] [Please see/visit the Link of the matter quoted]

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