Anatomy of a Privative Clause (2nd Edition)
by Christopher Enright
Privative clauses have been politically controversial since the Australian government has used them in its attempts to discourage litigation over its handling of what are popularly terms ‘boat people’ who seek residency in Australia. Privative clauses have also generated some legal and constitutional issues as to their function and interpretation.
This book starts from the ground up to explain the logical structure and function of a privative clause. It then considers in a critical way the reasoning of the High Court. It points out aspects that need further attention because the court’s reasoning is unsatisfactory. It also points out relevant legal considerations that the court has so far overlooked.
212 pages softcover
About the Author
Christopher Enright is a chartered accountant, barrister and solicitor. He has lectured in law at several universities. He specialises in legal method.