TY - JOUR
T1 - Of parole and public emergencies
T2 - why the Victorian charter override provision should be repealed
AU - Debeljak, Julie
N1 - Publisher Copyright:
© 2022, University of New South Wales Law Journal. All rights reserved.
PY - 2022/7
Y1 - 2022/7
N2 - This article examines the override provision under the Victorian Charter. Relevantly, Parliament has used the override on two occasions regarding laws enacted to prevent parole being granted to prisoners except in extremely limited circumstances. Conversely, Parliament responded to the COVID-19 threat without resorting to temporarily suspending the Charter via an override. This article analyses the parole-setting uses of the override within the international context of the temporary suspension of rights, against the Charter mechanisms that allow for restrictions on rights, and against the principles underlying the Charter – the retention of parliamentary sovereignty and the creation of an inter-institutional dialogue about rights. These uses test the transparency of and accountability for rights-limiting decision-making, and the culture of justification the dialogue is supposed to engender. By way of contrast and conclusion, the article highlights the curiosity between the use of the override with parole legislation and the non-use of the override with COVID-19 legislation, and revisits the case to repeal the override.
AB - This article examines the override provision under the Victorian Charter. Relevantly, Parliament has used the override on two occasions regarding laws enacted to prevent parole being granted to prisoners except in extremely limited circumstances. Conversely, Parliament responded to the COVID-19 threat without resorting to temporarily suspending the Charter via an override. This article analyses the parole-setting uses of the override within the international context of the temporary suspension of rights, against the Charter mechanisms that allow for restrictions on rights, and against the principles underlying the Charter – the retention of parliamentary sovereignty and the creation of an inter-institutional dialogue about rights. These uses test the transparency of and accountability for rights-limiting decision-making, and the culture of justification the dialogue is supposed to engender. By way of contrast and conclusion, the article highlights the curiosity between the use of the override with parole legislation and the non-use of the override with COVID-19 legislation, and revisits the case to repeal the override.
UR - http://www.scopus.com/inward/record.url?scp=85138700663&partnerID=8YFLogxK
U2 - 10.53637/TMSV9345
DO - 10.53637/TMSV9345
M3 - Article
AN - SCOPUS:85138700663
SN - 0313-0096
VL - 45
SP - 570
EP - 616
JO - University of New South Wales Law Journal
JF - University of New South Wales Law Journal
IS - 2
ER -