Constitutionally protected due process and the use of criminal intelligence provisions

Gray, Anthony (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.


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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 / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
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 : 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
Socio-Economic Objective: 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

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