The constitutionality of minimum mandatory sentencing - part II

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.


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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

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