Constitutionally protected due process and the use of criminal intelligence provisions

Gray, Anthony ORCID: https://orcid.org/0000-0001-9565-475X (2014) Constitutionally protected due process and the use of criminal intelligence provisions. University of New South Wales Law Journal, 37 (1). pp. 125-161. ISSN 0313-0096


Abstract

This article considers how the concept of 'due process' can be enshrined in the Australian Constitution. I explain various conceptions of due process, before considering the current example of the use of 'criminal intelligence' provisions in anti-association legislation, allowing the use of evidence against an individual without that individual having an opportunity to see or hear the evidence. I conclude that a strong argument can be made that such laws interfere with due process, by empowering a court to act in a non-judicial manner, by departing from the expectation of natural justice, by not requiring specificity of allegation, and by the use of unfair process liable to undermine the institutional integrity of a court.


Statistics for USQ ePrint 25182
Statistics for this ePrint Item
Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Published Version restricted in accordance with publisher copyright policy.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 12 May 2014 11:02
Last Modified: 09 Apr 2018 01:47
Uncontrolled Keywords: due process, institutional integrity, Chapter III, constitution
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4807 Public law > 480702 Constitutional law
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/25182

Actions (login required)

View Item Archive Repository Staff Only