Constitutionally protecting the presumption of innocence

Abstract

This article investigates the current status in Australian law of the fundamental principle of presumption of innocence. It finds that there are increasing examples where such a principle is effectively undermined. The High Court has to date generally shown a laissez-faire attitude to legislation detracting from the presumption, and it is argued that the Court should, by embracing the notion of a fair trial, constitutionally entrench such a fundamental right. Support for this position is drawn from comparable nations around the world where courts and legislators have acted to preserve such a fundamental right.