The Castan Centre for Human Rights Law presents

Momcilovic v R: The High Court's Views on the Constitutionality and Operation of the Victorian Charter

10 October 2011
Held at Monash University Law Chambers, 555 Lonsdale Street, Melbourne

Seminar

Click here for audio recording of seminar (To listen to this recording using Mediaplayer you will need to download the plug-in)

Click here for video footage on our YouTube Channel or see the video below

In the recent decision of Momcilovic v R, the High Court of Australia handed down a landmark decision on the operation of the Victorian Charter of Human Rights and Responsibilities within the broader context of the Commonwealth Constitution. This seminar explored the competing views on the constitutionality of the limitation (s 7), interpretation (s 32), and declaration (s 36) provisions of the Charter, and the broader constitutional issues pertaining to separation of judicial power and inconsistency between State and Commonwealth laws. The seminar shed light on the implications of the decision for the Charter, highlighting where agreement was reached and identifying areas of uncertainty going into the future.

Speakers

James Stellios is an Associate professor at the ANU College of Law where he teaches public law. His primary research interest is constitutional law and, in particular, Chapter III of the Constitution. In 2010 he published The Federal Judicature: Chapter III of the Constitution. Prior to joining the ANU College of Law in July 2011, he spent a number of years in legal practice, including as Counsel Assisting the Solicitor-General of the Commonwealth. James is also a Consultant to Sparke Helmore.

Dr Julie Debeljak is a foundational Deputy Director of the Castan Centre for Human Rights Law, and a Senior Lecturer in Law at Monash University. She teaches and researches in domestic, comparative and international human rights Law. Dr Debeljak has published widely in the human rights area, including publications on human rights and democracy, the domestic implementation of human rights obligations, the rights of indigenous peoples, and access to civil justice and human rights. Dr Debeljak completed numerous consultancies preparing various governmental and non-governmental bodies for the commencement of the Victorian Charter. Dr Debeljak is a chief investigator on two major research grant concerns Australia's legal Response to Trafficking in Persons in the Asia-Pacific region; and Human Rights in Closed Environments.

Video

Part 1 Video (of 2) of the High Court's Views on the Constitutionality and Operation of the Victorian Charter

 

 

Part 2 Video (of 2) of the High Court's Views on the Constitutionality and Operation of the Victorian Charter