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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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.
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| Item Type: | Article (Commonwealth Reporting Category C) |
|---|---|
| Refereed: | Yes |
| Item Status: | Live Archive |
| Additional Information: | Authors retain copyright. |
| Faculty/School / Institute/Centre: | Historic - Faculty of Business and Law - School of Law (1 Jan 2011 - 30 Jun 2013) |
| Faculty/School / Institute/Centre: | Historic - Faculty of Business and Law - School of Law (1 Jan 2011 - 30 Jun 2013) |
| Date Deposited: | 30 Aug 2012 05:12 |
| Last Modified: | 21 Sep 2017 01:23 |
| Uncontrolled Keywords: | presumption of innocence; reverse onus; due process; fair trial; constitution; criminal due process rights |
| Fields of Research (2008): | 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 |
| Fields of Research (2020): | 48 LAW AND LEGAL STUDIES > 4807 Public law > 480702 Constitutional law 50 PHILOSOPHY AND RELIGIOUS STUDIES > 5001 Applied ethics > 500104 Human rights and justice issues (excl. law) 48 LAW AND LEGAL STUDIES > 4804 Law in context > 480499 Law in context not elsewhere classified |
| Socio-Economic Objectives (2008): | C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice |
| URI: | http://eprints.usq.edu.au/id/eprint/21656 |
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