Is the representative nature of juries justiciable?

Gray, Anthony (2016) Is the representative nature of juries justiciable? Journal of Judicial Administration, 26 (1). pp. 31-48. ISSN 1036-7918

Abstract

This article considers whether the question of whether juries are 'representative' is justiciable? Could a court rule that a jury, or its decision, is not valid, because it lacks the traditionally representative nature of juries. The High Court has found that 'representativeness' is an essential characteristic of a judicial process, and elsewhere has found that its essential characteristics have a constitutional dimension. American case law supports to some extent the fact that the question of a jury's representativeness might be justiciable.


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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: 12 Dec 2016 04:59
Last Modified: 12 Dec 2016 05:07
Uncontrolled Keywords: jury representative justiciable s80 Australian Constitution Cheatle Alqudsi
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
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/30068

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