Constitutionally protecting the presumption of innocence

Gray, Anthony (2012) Constitutionally protecting the presumption of innocence. University of Tasmania Law Review, 31 (1). pp. 131-152. ISSN 0082-2108

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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.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information (displayed to public): Authors retain copyright.
Depositing User: Dr Anthony Gray
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 30 Aug 2012 05:12
Last Modified: 21 Jul 2014 06:40
Uncontrolled Keywords: presumption of innocence; reverse onus; due process; fair trial; constitution; criminal due process rights
Fields of Research (FoR): 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
22 Philosophy and Religious Studies > 2201 Applied Ethics > 220104 Human Rights and Justice Issues
18 Law and Legal Studies > 1801 Law > 180119 Law and Society
Socio-Economic Objective (SEO): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice

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