Mockery and the Right to Trial by Jury

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This paper argues that the High Court has been unduly restrictive of its interpretation of s80 of the Commonwealth Constitution, apparently conferring a right to jury trial. As a result of High Court interpretation, this right only exists to the extent parliament legislates in that manner. Dixon J referred to the fact in the context of s80 that the Constitution should not be mocked. The article argues that the current interpretation in fact mocks the section.
Original languageEnglish
Pages (from-to)66-88
Number of pages23
JournalQueensland University of Technology Law & Justice Journal
Issue number1
Publication statusPublished - 2006
Externally publishedYes


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