Contempt and the Australian Constitution - part I

Gray, Anthony ORCID: https://orcid.org/0000-0001-9565-475X (2017) Contempt and the Australian Constitution - part I. Journal of Judicial Administration, 27 (1). pp. 3-20. ISSN 1036-7918


Abstract

Recent controversy has caused us to reflect on the existing law of contempt. Some critics believe the existing laws are out of date. This article is in two parts. In Part I the article specifically considers two examples of contempt, scandalising the court and sub judice contempt, and considers their compatibility with the implied freedom of political communication in the Australian Constitution. It finds there are real questions over the continued constitutional validity of the courts' power with respect to scandalising the court.


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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/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: 14 Dec 2017 23:58
Last Modified: 24 Sep 2018 22:21
Uncontrolled Keywords: contempt scandalising the court sub judice implied freedom political communication proportionality
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 > 940406 Legal Processes
URI: http://eprints.usq.edu.au/id/eprint/33447

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