The 'Institutional' integrity principle: Where are we now and where are we headed?

Chris Steytler, Iain Field

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Abstract

This article examines the 'institutional integrity' principle, first enunciated in Kable, in the wake of three recent High Court decisions: International Finance Trust, Totani and Wainohu. This article is primarily intended to provide the profession, lawmakers and others with an interest in Chapter III jurisprudence, with a detailed guide as to the basis, object and scope of the institutional integrity principle. A number of questions are also identified, which have been left unanswered by the existing case law, and some comment is provided as to the likely development of the principle in future cases.
Original languageEnglish
Pages (from-to)227-264
Number of pages38
JournalUniversity of Western Australia Law Review
Volume35
Issue number2
Publication statusPublished - 2011

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