Abstract
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 language | English |
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Pages (from-to) | 131-152 |
Number of pages | 22 |
Journal | University of Tasmania Law Review |
Volume | 31 |
Issue number | 1 |
Publication status | Published - 2012 |
Externally published | Yes |