Abstract
This book considers the potential of Chapter III of the Australian Constitution to protect fundamental criminal due process rights such as the presumption of innocence, right to silence, the right to confront accusers, and the right to fair and proportionate sentencing. These features might be regarded as fundamental characteristics of judicial process in the criminal sphere, such that significant departures from them might intefere with the institutional integrity of a court. This may trigger unconstitutionality, given how the High Court has found that significant features of judicial process are in effect protected by Chapter III of the Australian Constitution, and its promise of judicial independence.
| Original language | English |
|---|---|
| Place of Publication | Sydney |
| Publisher | Federation Press |
| Number of pages | 336 |
| Edition | 2 |
| ISBN (Print) | 9781760025489 |
| Publication status | Published - 15 May 2025 |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
-
SDG 16 Peace, Justice and Strong Institutions
Fingerprint
Dive into the research topics of 'Criminal Due Process and Chapter III of the Australian Constitution (Second Edition)'. Together they form a unique fingerprint.Cite this
- APA
- Author
- BIBTEX
- Harvard
- Standard
- RIS
- Vancouver