Enter your search into one or more of the boxes below:
You can refine your search by selecting from any of the options below:
The Principle of Legality in Australia and New Zealand
Foyalty 291

The Principle of Legality in Australia and New Zealand (Hardback)

Despatched in 2 business days.


In this age of statutes and human rights the common law principle of legality has assumed a central importance. The principle holds that unless Parliament makes unmistakably clear its intention to curtail or abrogate a common law right, freedom or principle, the courts will not construe a statute as having that operation. As Lord Hoffmann famously observed, this "means that Parliament must squarely confront what it is doing and accept the political cost".

The principle of legality is now central to the operation of Australian and New Zealand public law. Yet its content, methodology and scope remain elusive and has never been examined in detail. This book fills that gap by drawing together leading judges, practitioners and scholars to explore a range of interesting issues and challenges for the application of the principle of legality and its future trajectory: How does the principle operate? Which rights and freedoms fall within its scope and why? What is its relationship to the (so-called) common law bill of rights? Has proportionality a role to play in its application? How, if at all, does it differ from the presumption with international law? And in the construction of statutes does the principle serve to fulfil or frustrate the will of Parliament?

History & PoliticsPolitics & governmentLawInternational lawLawJurisprudence & general issuesSystems of lawLawLaws of Specific jurisdictionsFamily law Publisher: Federation Press Publication Date: 20/03/2017 ISBN-13: 9781760021252  Details: Type: Hardback Format: Books
Availability: Despatched in 2 business days. Login for Quick Checkout Add to Basket

Dr Dan Meagher is an Associate Professor in Law at Deakin University in Australia where he teaches and researches in constitutional law, human rights law and statutory interpretation. He has undergraduate degrees in law and economics and an LLM from Monash University, and was awarded a PhD from the University of New South Wales for his thesis on the intersection between freedom of speech and the regulation of racist speech in Australia. Dan is the comments editor for the Public Law Review. Dr Matthew Groves is Professor of Public Law in the La Trobe University Law School and has published widely on public law. His best known work is the authoritative Australian judicial review study - Aronson, Groves and Weeks, Judicial Review of Administrative Action and Government Liability (Lawbook Co., 6th ed, 2017). His other books include Meagher and Groves (eds), The Principle of Legality in Australia and New Zealand (Federation Press, 2017) and Groves and Weeks (eds), Legitimate Expectations in the Common Law World (Hart Publishing, 2017). Matthew is also editor of the Australian Journal of Administrative Law, a fellow of the Australian Academy of Law and was a member of the Commonwealth Administrative Review Council.

More books by Dan Meagher

More books by Matthew Groves

Leave Review


Delivery Options

All delivery times quoted are the average, and cannot be guaranteed. These should be added to the availability message time, to determine when the goods will arrive. During checkout we will give you a cumulative estimated date for delivery.

Location 1st Book Each additional book Average Delivery Time
UK Standard Delivery FREE FREE 3-5 Days
UK First Class £4.50 £1.00 1-2 Days
UK Courier £7.00 £1.00 1-2 Days
Western Europe** Courier £17.00 £3.00 2-3 Days
Western Europe** Airmail £5.00 £1.50 4-14 Days
USA / Canada Courier £20.00 £3.00 2-4 Days
USA / Canada Airmail £7.00 £3.00 4-14 Days
Rest of World Courier £22.50 £3.00 3-6 Days
Rest of World Airmail £8.00 £3.00 7-21 Days

** Includes Austria, Belgium, Denmark, France, Germany, Greece, Iceland, Irish Republic, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden and Switzerland.

Delivery Help & FAQs

Returns Information

If you are not completely satisfied with your purchase*, you may return it to us in its original condition with in 30 days of receiving your delivery or collection notification email for a refund. Except for damaged items or delivery issues the cost of return postage is borne by the buyer. Your statutory rights are not affected.

* For Exclusions and terms on damaged or delivery issues see Returns Help & FAQs

You might also like

The Novels of Justinian: A Complete...
David J. D. Miller; Peter Sarris
The Oxford Handbook of Islamic Law
Anver M. Emon; Rumee Ahmed
The Civil Law Tradition: An...
John Henry Merryman; Rogelio...
Islamic Law and International...
Maria Bhatti
© W&G Foyle Ltd
Foyles uses cookies to help ensure your experience on our site is the best possible. Click here if you’d like to find out more about the types of cookies we use.
Accept and Close