Executive detention and the Australian Constitution

Gray, Anthony (2014) Executive detention and the Australian Constitution. Australian Journal of Administrative Law, 22 (1). pp. 43-62. ISSN 1320-7105


This papers considers constitutional arguments regarding the executive detention of individuals, in light of the Queensland Government's Criminal Law Amendment (Public Interest Declarations) Act 2013 (Qld), which reposed power to order the detention of individuals within a particular class in the Queensland Governor, upon the recommendation of the Queensland Attorney-General. It argues the High Court should invalidate legislation which confers such powers upon the executive, since detention is almost always a punitive act, and punitive detention is an exclusively judicial function. It further argues that to confer such powers on members of the executive undermines the institutional integrity of Queensland courts contrary to the requirements of Chapter III.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 26 Dec 2014 12:16
Last Modified: 06 Jul 2016 01:49
Uncontrolled Keywords: preventive detention, Kable, Fardon, Chapter III, institutional integrity
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/26469

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