Criminal Due Process and Chapter III of the Australian Constitution

Anthony Gray (Autor)

Buch | Hardcover

336 Seiten

2016
Federation Press (Verlag)
978-1-76002-076-7 (ISBN)

Keine Verlagsinformationen verfügbar

Artikel merken

This book articulates the potential of the principle of separation of powers reflected in the structure and text of the Australian Constitution to protect fundamental due process rights. Clearly, the founding fathers did not enact an express bill of rights in the Australian Constitution, and the document contains a limited number of express rights. However, the High Court has accepted as fundamental the doctrine of separation of powers.

While the precise contours of the separation of powers principle are still being drawn, the High Court has found that laws which require, or authorise, a court to exercise power involving a departure from characteristics of traditional judicial process are constitutionally suspect. This is because such a law would undermine a court's institutional integrity.

While the High Court has been somewhat loath to identify precisely characteristics of traditional judicial process, some indicia - including open courts, ability to review a decision of a lower court for jurisdictional error, the provision of reasons, decisional independence and fairness - have been identified. This book argues that fundamental due process rights in the criminal law area, such as presumption of innocence, the right to silence, the right to confront accusers, open courts, no effective punishment without conviction, and proportionate rather than mandated sentencing, are so fundamental to a criminal procedure that laws which abrogate these rights and expectations are vulnerable to constitutional challenge.

Anthony Gray is Professor of Law at the University of Southern Queensland. He is a former Director of Schools and Community Education at the Queensland Law Society, and has published extensively in refereed law journals in Australia, including the University of New South Wales Law Journal, Monash University Law Review, Federal Law Review, Sydney Law Review, University of Western Australia Law Review and University of Queensland Law Journal, as well as international law journals.

CONTENTS
Acknowledgments
Table of Cases
Table of Statutes

1. Introduction to Human Rights in Australia
2. The Separation of Powers
3. Open Courts, Natural Justice and the Right to Confront Accusers
4. The Right to Silence and the Privilege against Self-Incrimination
5. The Presumption of Innocence
6. Civil Forfeiture
7. Mandatory Sentencing

Conclusion

Index

Erscheinungsdatum	29.08.2016
Verlagsort	Annandale, NSW
Sprache	englisch
Maße	156 x 234 mm
Gewicht	518 g
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Strafrecht
ISBN-10	1-76002-076-1 / 1760020761
ISBN-13	978-1-76002-076-7 / 9781760020767
Zustand	Neuware