Abstract
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 language | English |
|---|---|
| Pages (from-to) | 66-88 |
| Number of pages | 23 |
| Journal | Queensland University of Technology Law & Justice Journal |
| Volume | 6 |
| Issue number | 1 |
| Publication status | Published - 2006 |
| Externally published | Yes |