This monthly report is compiled and briefly summarised by a group of lawyers on a voluntary basis for the benefit of readers of The Edge.
Please consult your own lawyers if you need advice on the cases, issues and related matters highlighted here.
EXECUTIVE ACTS AND THE JUDICIARy AS GUARDIAN 0f CONSTITUTIONAL RIGHTS
Federal Court (‘FC’): Executive acts carried out pursuant to legislation affecting constitutional rights are invalid if not carried out in strict compliance with the letter of the rule of law
The Federal Constitution (‘Constitution’) guarantees several fundamental rights and liberties upon its subjects (‘Constitutional Guarantee’). The Judiciary is the guardian of that Constitutional Guarantee. Nonetheless, the Constitutional Guarantee is not absolute in the sense that Article 149(1) of the Constitution enables Parliament to pass laws that encroach upon the Constitutional Guarantee (‘Extraordinary Laws’) for the purposes of stopping or preventing �