Constitutionally Protecting the Presumption of Innocence

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This article demonstrates the increasing departure from the presumption of innocence in Australian statutes. It argues that, although past cases have indicated such laws are valid, they should be found invalid as being contrary to Chapter III of the Constitution. These laws cause a court to depart from a traditional characteristic of the exercise of judicial power and should be constitutionally protected.
Original languageEnglish
Pages (from-to)131-152
Number of pages22
JournalUniversity of Tasmania Law Review
Issue number1
Publication statusPublished - 2012
Externally publishedYes


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