The Compatibility of Unexplained Wealth Provisions and Civil Forfeiture Regimes With Kable

Anthony Gray

The Compatibility of Unexplained Wealth Provisions and Civil Forfeiture Regimes With Kable

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Abstract

This article considers whether statutes providing for confiscation of unexplained wealth and similar civil forfeiture schemes might be constitutionally challenged. One possible basis would be the so-called Kable principle, providing for a strict separation of powers between different arms of government. It might be argued that a court ordering that a person's property be confiscated based on suspected (but unproven) wrongdoing is not a traditional exercise of judicial power.

Original language	English
Pages (from-to)	18-35
Number of pages	18
Journal	Queensland University of Technology Law & Justice Journal
Volume	12
Issue number	2
Publication status	Published - 2012
Externally published	Yes

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http://www.austlii.edu.au/cgi-bin/viewdoc/au/journals/QUTLawJJl/2012/11.htmlLicence: Free to read

Cite this

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The Compatibility of Unexplained Wealth Provisions and Civil Forfeiture Regimes With Kable

Abstract

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