The question of whether and to what extent international law norms ought to influence the interpretation of Australia’s Constitution is one that aroused fairly heated debate between Justices McHugh and Kirby in the High Court’s decision in Al-Kateb v Godwin handed down last Friday (which I blogged about here).
The issue also aroused a certain amount of comment box discussion. However, I don’t have the time or energy right now to distill the arguments into a succinct post. Instead, I’ve extracted and copied the passages from McHugh and Kirby’s judgments, so any interested readers can digest them and (if they wish) debate the issues here. The extracts are still fairly long, but much shorter than wading through the entire decision to find them. Here’s the extract.