Constitutional right of access to courts in Australia: the case of prisoners

Gray, Anthony (2015) Constitutional right of access to courts in Australia: the case of prisoners. Journal of Judicial Administration, 24 (4). pp. 236-264. ISSN 1036-7918


This article considers constitutional arguments supporting the right of prisoners to have access to courts to have legal grievances aired and tested. It presents arguments based on the rule of law, a right to equality or equal justice (either as part of the rule of law or as an independent right), as inherent in the position of courts in our Constitution, as part of an implied freedom of political communication, and as part of the institutional integrity of a court that individuals have a right to approach it with legal grievances.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version in accordance with the copyright policy of the publisher.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 09 Jul 2015 03:59
Last Modified: 30 Jun 2016 04:39
Uncontrolled Keywords: prisoner, access to justice, equality, equal justice, rule of law, institutional integrity, Chapter III, implied freedom of political communication
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 > 940499 Justice and the Law not elsewhere classified

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