Charter rights are not “discovered” in the sense proposed by Blackstone, and therefore are not retroactive.
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Fagan v Metropolitan Police Commissioner 1969 1 QB 439: a leading case illustrating the requirement for concurrence of actus reus (Latin for "guilty act") and mens rea (Latin for "guilty mind") in order to establish a criminal offence.
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In 1948 the High Court of Australia found that the Chifley government's legislation to nationalise Australia's private banks was unconstitutional.
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