Student Law Review Issue 1 | Page 32

system or judicial system unless it is incorporated by the legislative arm of the government. As a result, the courts are not obligated to implement the advice of the tribunals that “protect” these declarations, simply because these tribunals do not form part of their judicial hierarchy.38 However exceptions of this were seen in Privy Council cases such as Pratt and Morgan v AG.39 In addition to these exceptional cases, it is argued that The Vienna Convention on the Law of Treaties, Article 18 (a) indicated that an expectation is created with the onus being on the domestic law to be compatible with international obligations unless they have clearly communicated their desire not to do so. This ‘expectation’ has created somewhat of a blurred understanding between the domestic courts and individuals that are subject to the petition. It is assumed that the courts must constantly take into consideration the ‘expectation’ of these individual when making judgements. Failure to do this sometimes leads to the accusations that their judgements are infringing upon the constitutional rights of the petitioners. However in cases where they do apply these unincorporated international instruments, they are also accused of acting ultra vires. Case law In cases of Minister for Immigration and Ethnic Affairs v Teoh 40 , and A.G v Joyce and Boyce41 the courts were accused of acting ultra vires by applying the unincorporated international treaty into their judgments. In comparison the courts in the judgments of A.G v Nallaratnam42 and A.G v Matthew43, upheld the dualist notion that they subscribed and reiterated they were only bound to their constitution and judicial decisions within their judicial hierarchy. Ah Hin Teoh was a Malaysian citizen living in Australia under a temporary entry permit. He married Jean Helen Lim, an Australian citizen and they had 7 children together. Mr Teoh was                                                               38  Christine Reed, ‘Public Law and Public Administration Theory’ (ASPA) National Conference Founders' Forum  panel:"Transformations in Public Law, New York 2008)  39  [1993] 4 All ER 769, [1994] 2 AC 1  40  (1995) 183 CLR 273, [2008] IEHC 30.  41  [2006] CCJ 1 (AJ)  42  S.C. SpL (LA) No. 182/99  43 [2005] 1 AC 433,[2004     28