Essay report

The Question:
What is ‘the principle of legality’ and how is it used by the High Court in the context of statutory interpretation? Critically discuss.

Must read cases and article

R v Independent Broad-based Anti-corruption Commissioner [2016] HCA 8 (10 March 2016)
Gageler J at 443-4 [68] The argument of the appellants is that there is yet another principle or presumption of the common law which stands in the way of the IBAC examining a person about the offence constituted by conduct which constitutes the subject matter of an investigation, and which the IBAC Act fails to address. It is the recently formulated “companion rule” to the common law principle that the prosecution bears the onus of proving criminal guilt: that the prosecution cannot compel a person charged with a crime to assist in the discharge of its onus of proof.

Lee v New South Wales Crime Commission [2013] HCA 39 (9 October 2013)
(From High Court of Australia;

Independent Commission Against Corruption v Cunneen [2015] HCA 14 (15 April 2015) .

Must read Articles
Dan Meagher (The Principle of Legality as Clear Statement Rule: Significance and Problems).

The Principles of Legality and Clear Statement* The Honourable JJ Spigelman AC.

buy custom essay