Abstract
This article considers the ancient idea of the common law as a protector of rights. In Dr Bonham's Case there was a suggestion that a law contrary to fundamental common law rights would be void, though this is contested. The article explores the potential of the common law to protect rights we generally regard as fundamental, yet not protected by an express (national) bill of rights in Australia.
Original language | English |
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Pages (from-to) | 119-156 |
Number of pages | 38 |
Journal | Common Law World Review |
Volume | 39 |
Issue number | 2 |
DOIs | |
Publication status | Published - 2010 |
Externally published | Yes |