Abstract
The article considers whether a constitutional challenge to the validity of minimum mandatory sentencing regimes would be successful. It argues there should be a strong basis for challenge, given decisions such as Liyanage where a scheme providing for minimum mandatory sentencing was struck out on the basis of separation of powers principles. These principles are enshrined in the Australian Constitution.
Original language | English |
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Pages (from-to) | 37-47 |
Number of pages | 11 |
Journal | Journal of Judicial Administration |
Volume | 22 |
Issue number | 1 |
Publication status | Published - 2012 |
Externally published | Yes |