Gray, Anthony and Elmore, Gerard (2013) The constitutionality of minimum mandatory sentencing - part II. Journal of Judicial Administration, 23 (1). pp. 58-69. ISSN 1036-7918
Abstract
This paper responds to a rejoinder to our 2012 article in which we challenged the constitutionality of minimum mandatory sentencing laws. It argues that there are good arguments that such laws, by compromising the independence and perception of independence of the judiciary, is contrary to the requirements of Chapter III of the Constitution and the Kable principle, and contemplates the kind of disproportionality in sentencing against which courts have railed in the past.
|
Statistics for this ePrint Item |
| Item Type: | Article (Commonwealth Reporting Category C) |
|---|---|
| Refereed: | Yes |
| Item Status: | Live Archive |
| Additional Information: | Citation: (2013) 23 JJA 58. Permanent restricted access to Published version in accordance with the copyright policy of the publisher. |
| 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: | 18 Jul 2013 05:22 |
| Last Modified: | 09 Jul 2015 03:56 |
| Uncontrolled Keywords: | mandatory sentencing, Kable, Chapter III Constitution, proportionality |
| Fields of Research (2008): | 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law 16 Studies in Human Society > 1602 Criminology > 160203 Courts and Sentencing 18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation |
| Fields of Research (2020): | 48 LAW AND LEGAL STUDIES > 4807 Public law > 480702 Constitutional law 44 HUMAN SOCIETY > 4402 Criminology > 440203 Courts and sentencing 48 LAW AND LEGAL STUDIES > 4804 Law in context > 480410 Legal theory, jurisprudence and legal interpretation |
| Socio-Economic Objectives (2008): | C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940406 Legal Processes |
| URI: | http://eprints.usq.edu.au/id/eprint/23766 |
Actions (login required)
 |
Archive Repository Staff Only |