Cracks in the principle of legality in statutory interpretation

The principle of legality in statutory interpretation has a long history in Australian law, stretching back to the High Court case of Potter v Minahan in 1908. In Electrolux Home Products Pty Ltd v AWU, Gleeson CJ spoke of the principle of legality as a working hypothesis between Parliament and the courts, and an aspect of the rule of law. The courts were not to impute an intention to "abrogate or curtail certain human rights or freedoms unless such an intention is clearly manifested". Recent High Court decisions suggest that members of the new bench do not share the former Chief Justice's high reverence for the principle, and that the Court's previous insistence on unambiguous language to curtail fundamental rights may be waning.