The Constitutionality of Minimum Mandatory Sentencing Regimes

Anthony Gray, gerry elmore

Research output: Contribution to journalArticleResearchpeer-review


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 languageEnglish
Pages (from-to)37-47
Number of pages11
JournalJournal of Judicial Administration
Issue number1
Publication statusPublished - 2012
Externally publishedYes


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