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Abstract
Treaties and Australian Law - Administrative Discretions, Statutes
and the Common Law
Glen Cranwell
This article demonstrates that treaties have had, and continue to have, effects
on Australian law in a number of ways in the absence of legislation: through the
doctrine of legitimate expectation; through their use in the development of the
common law; and through their use as an interpretative aid in statutory interpretational.
While the Teoh case has added to the Australian jurisprudence on the relationship
between treaties and domestic law, it has not provided clear guidance on how the
relationship will develop in the future. The case is indicative of the uneasy
relationship between globalisation and national sovereignty and the competing
pressures these place on the development of law within Australia
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