Charter of Rights Some states are ensuring that they preserve the doctrine of separation of powers through parliamentary action. The purpose of Victorian Charter of Human Rights and Responsibilities Act 2006 – this act is protect some aspects of judicial independence and the public perception of judicial integrity through its articulation and protection (albeit limited) of certain human rights The enactment of the Statements of Compatibility – Charter of Humans Rights now means that each new Bill introduced to Parliament must have 2006 (Vic) a Statement of Compatibility which definitively states whether the Bill is compliant with the Charter. The executive must take into Account the Must take into Account – Charter in all new laws and policies being considered under s38. Australian States are now considering similar Charters. Separation of Judicial Power in Territories Territory governments were understood as not limited by Chapter III principles. The Commonwealth has plenary power conferred in s 122, and thus is not to ‘subject this Constitution’ as other Commonwealth powers are. The relationship between Chapter III and s 122 was disjointed, and initially thought to deny any application of Chapter III federal jurisdictional concepts to the self governing territories; Per – (1915) 19 CLR 629 R v Bernasconi Attorney–General (Cth) v R; Ex parte Australian Boilermakers’ (1957) 95 CLR 529 Society (1965) 114 CLR 226. Spratt v Hermes The powers and status of Territory courts are not established by s 71 and s 72 of the Constitution, consequently Territorial judges are not required to hold tenure until 70 years of age, see (1999) 200 CLR 322. Ex Parte Eastman
Charter of Rights Some states are ensuring that they preserve the doctrine of separation of powers through parliamentary action. Victorian Charter of Human Rights and Responsibilities Act 2006 – The purpose of this act is protect some aspects of judicial independence and the public perception of judicial integrity through its articulation and protection (albeit limited) of certain human rights Statements of Compatibility – The enactment of the Charter of Humans Rights 2006 (Vic) now means that each new Bill introduced to Parliament must have a Statement of Compatibility which definitively states whether the Bill is compliant with the Charter. Must take into Account – The executive must take into Account the Charter in all new laws and policies being considered under s38. Australian States are now considering similar Charters. Separation of Judicial Power in Territories Territory governments were understood as not limited by Chapter III principles. The Commonwealth has plenary power conferred in s 122, and thus is not ‘subject to this Constitution’ as other Commonwealth powers are. The relationship between Chapter III and s 122 was disjointed, and initially thought to deny any application of Chapter III federal jurisdictional concepts to the self governing territories; Per – R v Bernasconi (1915) 19 CLR 629 Attorney–General (Cth) v R; Ex parte Australian Boilermakers’ Society (1957) 95 CLR 529 Spratt v Hermes (1965) 114 CLR 226. The powers and status of Territory courts are not established by s 71 and s 72 of the Constitution, consequently Territorial judges are not required to hold tenure until 70 years of age, see Ex Parte Eastman (1999) 200 CLR 322.
Constitutional_Notes.docx