2024 Monash LSS Annual Public Lecture with The Hon. Dr. Michael Kirby.
Schedule
Tue Oct 01 2024 at 11:30 am to 12:30 pm
UTC+10:00Location
Monash University, Clayton, VIC, Australia, Victoria | Noble Park, VI
“Al-Kateb, NZYQ and the role of international human rights law in Australian constitutional adjudication?
In 2005, Justice Kirby dissented in Al-Kateb v Godwin, a decision of the High Court on potential indefinite detention of asylum seekers. He did so in company with Gleeson CJ and Gummow J, holding that the proper interpretation of the Migration Act 1958 rendered provisions contemplating indefinite detention inapplicable. But he also decided that, if that was the effect of the context of the Act, it would be invalid, reading the constitutional alongside universal human rights norms. McHugh J declared that this was “heresy”. The later decision of the High Court in NZYQ v Minister for Immigration upheld the interpretative point; but did not rely on human rights. The lecture will address the issue, reference to universal human rights, heresy in our constitutional adjudication? Or is it an important contextual element to throw light on ambiguities?”
This is a unique opportunity to experience and learn from the 'Great Dissenter' live at the Alexander Theatre on the 1st of October.
All Monash law students are encouraged to attend. Free tickets are available via the qPay link: https://campus.hellorubric.com/?s=279&eventid=28212
Where is it happening?
Monash University, Clayton, VIC, Australia, Victoria, 21 Chancellors Walk, Clayton VIC 3168, Australia,Melbourne, Victoria, Australia, Noble ParkEvent Location & Nearby Stays: