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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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
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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