Principle of Legality (Australia)
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The Principle of Legality is an important legal doctrine in Australian public law.[1]
It is an interpretive presumption by the judiciary that Australia's various parliaments do not intend to curtail or abrogate fundamental rights and freedoms when enacting legislation. Due to this, parliaments are effectively required to enact legislation using express and unambiguous language if they wish to enact legislation negatively affecting any rights, liberties, or freedoms that the courts regard as being fundamental.
In recent decades the rule has grown in importance to Australian legal practice. It has been said that the doctrine as it is understood and articulated in its modern form 'has transformed a loose collection of rebuttable interpretive presumptions into a quasi-constitutional common law bill of rights'.[2]
Other jurisdictions, including the UK and New Zealand, also apply the principle of legality doctrine; albeit with its application and reasoning differing according to their respective jurisprudence.[3] The United States has a similar doctrine named the Clear statement rule.