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Australian legislation is increasingly abrogating fundamental human rights. This course catalogues this trend, before offering a way in which the courts might protect human rights through the use of Chapter III (of the Constitution) notions of institutional integrity and judicial independence. Practically, these rights are extremely important for individuals, and an appreciation of the extent to which they are being eroded, together with possible legal solutions, is considered valuable.

This course will consider the constitutional protection of fundamental human rights such as presumption of innocence, right to silence, the right to natural justice and an open court, fairness in sentencing, and property rights. It will consider the extent to which such rights have increasingly been abrogated by Australian statutes, in the context of a comparison with equivalent legal regimes elsewhere.