Constitutionally heeding the right to silence in Australia

Article

Gray, Anthony. 2013. "Constitutionally heeding the right to silence in Australia." Monash University Law Review. 39 (1), pp. 156-187.
Article Title

Constitutionally heeding the right to silence in Australia

ERA Journal ID33636
Article CategoryArticle
Authors
AuthorGray, Anthony
Journal TitleMonash University Law Review
Journal Citation39 (1), pp. 156-187
Number of Pages32
Year2013
PublisherMonash University Publishing
Place of PublicationMelbourne, Australia
ISSN0311-3140
1839-3837
Web Address (URL)https://search.informit.com.au/fullText;dn=593611754358611;res=IELAPA
Abstract

This paper considers options to constitutionally protect the right to silence in Australia. This right is being progressively being undermined by legislation applying both prior to and at trial. It is a hard-won, fundamental right and should be protected. This article argues the High Court's acceptance of the right to a fair trial could be utilised to argue that it is inconsistent with the use of evidence obtained against a person in breach of their right to silence.

Keywordsright to silence; privilege; self-incrimination; Fifth Amendment; Miranda; fair trial
ANZSRC Field of Research 2020480702. Constitutional law
440709. Public policy
480410. Legal theory, jurisprudence and legal interpretation
Public Notes

Files associated with this item cannot be displayed due to copyright restrictions.

Byline AffiliationsSchool of Law
Institution of OriginUniversity of Southern Queensland
Permalink -

https://research.usq.edu.au/item/q210w/constitutionally-heeding-the-right-to-silence-in-australia

Log in to edit
  • 1959
    total views
  • 17
    total downloads
  • 0
    views this month
  • 0
    downloads this month

Export as

Related outputs

Viability of a Psychiatric Injury Claim for Bystanders Who Witnessed and Rescuers Who Attended the Sea World Helicopter Accident
Gray, Anthony. 2024. "Viability of a Psychiatric Injury Claim for Bystanders Who Witnessed and Rescuers Who Attended the Sea World Helicopter Accident." Australian Law Journal. 98 (2), pp. 140-158.
SDCV v Director-General of Security: Procedural Fairness and the Ability to Decide a Matter Based on Secret Evidence Not Disclosed to a Party or their Legal Team
Collins, Pauline and Gray, Anthony. 2024. "SDCV v Director-General of Security: Procedural Fairness and the Ability to Decide a Matter Based on Secret Evidence Not Disclosed to a Party or their Legal Team." Australian Law Journal. 98 (1), pp. 57-68.
Freedom of Speech in the Woke Era: Critical Race Theory and State Neutrality
Gray, Anthony. 2023. "Freedom of Speech in the Woke Era: Critical Race Theory and State Neutrality." Western Australian Jurist. 12 (1), pp. 71-114.
High Court Holds State Consumption Taxes Constitutionally Invalid
Gray, Anthony. 2023. "High Court Holds State Consumption Taxes Constitutionally Invalid." Austaxpolicy .
Relational Contract Theory, the Relevance of Contract Performance in Contract Interpretation and its Relevance to Employment Law in the United Kingdom and Australia
Gray, Anthony Davidson. 2023. "Relational Contract Theory, the Relevance of Contract Performance in Contract Interpretation and its Relevance to Employment Law in the United Kingdom and Australia." Common Law World Review. 52 (2-3), pp. 61-100. https://doi.org/10.1177/14737795231188384
The Treatment of Young Transgender People and the Law
Gray, Anthony. 2023. "The Treatment of Young Transgender People and the Law." Journal of Law and Medicine. 30 (2), pp. 430-458.
Consumption Taxes and Section 90 of the Australian Constitution
Gray, Anthony. 2023. "Consumption Taxes and Section 90 of the Australian Constitution." Australian Tax Forum: a journal of taxation policy, law and reform. 38 (2), pp. 305-330.
Possessory title: Its salience to the Torrens systems of Australian states
Gray, Anthony and Copley, Julie. 2023. "Possessory title: Its salience to the Torrens systems of Australian states ." Australian Property Law Journal. 30 (3), pp. 235-260.
Voluntary Assisted Dying, the Conscientious Objector Who Refuses to Facilitate it and Discrimination Law
Gray, Anthony and Braun, Kerstin. 2022. "Voluntary Assisted Dying, the Conscientious Objector Who Refuses to Facilitate it and Discrimination Law." Journal of Law and Medicine. 29 (4), pp. 1128-1149.
The Doctrine of Command Responsibility in Australian Military Law
Gray, Anthony. 2022. "The Doctrine of Command Responsibility in Australian Military Law." University of New South Wales Law Journal. 45 (3), pp. 1251-1287.
Religious-based discrimination in the commercial context on the basis of sexual orientation: A comparative perspective
Gray, Anthony Davidson. 2022. "Religious-based discrimination in the commercial context on the basis of sexual orientation: A comparative perspective." Common Law World Review. 51 (3), pp. 198-228. https://doi.org/10.1177/14737795211071100
Proportionality in Australian Constitutional Law: Next Stop Section 116?
Gray, Anthony. 2022. "Proportionality in Australian Constitutional Law: Next Stop Section 116?" Australian Journal of Law and Religion. 1 (1), pp. 103-105.
The Separation of Powers and the Mineralogy/Palmer Litigation
Gray, Anthony. 2022. "The Separation of Powers and the Mineralogy/Palmer Litigation." Thompson, A. Keith (ed.) Current Issues in Australian Constitutional Law. Redland Bay, Australia. Connor Court Publishing. pp. 63-92
Reform to the Law of Consent: A Tale of Two States
Gray, Anthony. 2022. "Reform to the Law of Consent: A Tale of Two States." Journal of Judicial Administration. 31 (4), pp. 229-247.
Proportionality in Administrative Law and Its Application to Victoria’s Proposed Pandemic Legislation
Gray, Anthony. 2022. "Proportionality in Administrative Law and Its Application to Victoria’s Proposed Pandemic Legislation." Australian Journal of Administrative Law. 29 (1), pp. 21-42.
The Historical Development of the Fault Basis of Liability in the Law of Tort
Gray, Anthony. 2022. "The Historical Development of the Fault Basis of Liability in the Law of Tort." McKibbin, Sarah, Patrick, Jeremy and Harmes, Marcus K. (ed.) The Impact of Law's History: What's Past is Prologue. Switzerland. Springer. pp. 105-130
An Adverse View of Adverse Possession
Gray, Anthony. 2022. "An Adverse View of Adverse Possession." Australian Law Journal. 96 (1), pp. 21-35.
The Evolution from Strict Liability to Fault in the Law of Torts
Gray, Anthony. 2021. The Evolution from Strict Liability to Fault in the Law of Torts. Oxford, United Kingdom. Hart Publishing.
The constitutional validity of state royalty schemes and profit-based schemes
Gray, Anthony. 2021. "The constitutional validity of state royalty schemes and profit-based schemes." Australian Tax Forum: a journal of taxation policy, law and reform. 36 (4), pp. 551-572.
The Defence of Superior Orders (and Related Defences) in Australian Military Law
Gray, Anthony. 2022. "The Defence of Superior Orders (and Related Defences) in Australian Military Law." Adelaide Law Review. 43 (2), pp. 678-715.
The Tort of Misuse of Public Office: Suggested Clarifications and Reforms
Gray, Anthony. 2022. "The Tort of Misuse of Public Office: Suggested Clarifications and Reforms." Monash University Law Review. 48 (2), pp. 97-131.
Proportionality in Australian Constitutional and Administrative Law
Gray, Anthony. 2022. "Proportionality in Australian Constitutional and Administrative Law." University of Tasmania Law Review. 41 (1), pp. 7-40.
Determining Whether an Employment or Independent Contractor Relationship Exists and the Relevance of Contractual Performance to its Interpretation
Gray, Anthony. 2022. "Determining Whether an Employment or Independent Contractor Relationship Exists and the Relevance of Contractual Performance to its Interpretation." Australian Business Law Review. 50 (4), pp. 270-290.
Vanderstock v Victoria: Are "True" Consumption Taxes Forbidden to the States by Section 90 of the Australian Constitution?
Gray, Anthony. 2022. "Vanderstock v Victoria: Are "True" Consumption Taxes Forbidden to the States by Section 90 of the Australian Constitution?" The Sydney Law Review. 44 (4), pp. 591-603.
Legislative amendment directed towards a particular individual, company and dispute: the separation of powers and other constitutional issues
Gray, Anthony. 2021. "Legislative amendment directed towards a particular individual, company and dispute: the separation of powers and other constitutional issues." Public Law Review. 32 (2), pp. 112-131.
The Australian government's use of the military in an emergency and the Constitution
Gray, Anthony. 2021. "The Australian government's use of the military in an emergency and the Constitution." University of New South Wales Law Journal. 44 (1), pp. 355-391.
Public servants and the implied freedom of political communication
Gray, Anthony Davidson. 2021. "Public servants and the implied freedom of political communication." Federal Law Review. 49 (1), pp. 3-39. https://doi.org/10.1177/0067205X20973477
The Legality of Denial of Service to Same-Sex Partners and Organisations: Developments in the United Kingdom, United States and Australia
Gray, Anthony. 2021. "The Legality of Denial of Service to Same-Sex Partners and Organisations: Developments in the United Kingdom, United States and Australia." Canberra Law Review. 17 (2), pp. 71-88.
Corporations and their contributions to public debates
Gray, Anthony. 2020. "Corporations and their contributions to public debates." Australian Journal of Corporate Law. 36 (1), pp. 66-98.
Executive detention in the time of a pandemic
Gray, Anthony. 2020. "Executive detention in the time of a pandemic." Australian Journal of Administrative Law. 27 (4), pp. 198-216.
Fiscal arrangements in the Australian federal system
Gray, Anthony. 2020. "Fiscal arrangements in the Australian federal system." Breda, Vito and Frau, Matteo (ed.) La contrattazione costituzionale dei livelli di autonomia: modelli per una comparazione. Naples, Italy. Editoriale Scientifica. pp. 109-128
COVID-19, border restrictions and section 92 of the Australian Constitution
Gray, Anthony. 2020. "COVID-19, border restrictions and section 92 of the Australian Constitution." Western Australian Jurist. 11 (1), pp. 99-136.
Free speech and secondary boycott activity in Australia
Gray, Anthony. 2020. "Free speech and secondary boycott activity in Australia." Australian Business Law Review. 48 (5), pp. 382-405.
The evolution from strict liability to negligence: when and why? Part II
Gray, Anthony. 2020. "The evolution from strict liability to negligence: when and why? Part II." Australian Law Journal. 94 (9), pp. 699-708.
The evolution from strict liability to negligence: when and why? Part 1
Gray, Anthony. 2020. "The evolution from strict liability to negligence: when and why? Part 1." Australian Law Journal. 94 (8), pp. 614-630.
Change the Rules: Reform of the Economic Torts in Australia
Gray, Anthony. 2020. "Change the Rules: Reform of the Economic Torts in Australia." Flinders Law Journal. 21 (2), pp. 295-344.
Three suggested amendments to Australia's defamation laws
Gray, Anthony. 2020. "Three suggested amendments to Australia's defamation laws." Alternative Law Journal . 45 (2), pp. 94-100. https://doi.org/10.1177/1037969X19887560
Chapter III of the Constitution and the protection of due process rights
Gray, Anthony. 2019. "Chapter III of the Constitution and the protection of due process rights." Groves, Matthew, Boughey, Janina and Meagher, Dan (ed.) The legal protection of rights in Australia. Oxford, United Kingdom. Hart Publishing. pp. 31-51
Strict liability in the law of defamation
Gray, Anthony. 2019. "Strict liability in the law of defamation." Tort Law Review. 27 (2), pp. 81-99.
Sponsor pressure to discipline employees who have unexpressed unwelcome views and reform of the business torts in Australia
Gray, Anthony. 2019. "Sponsor pressure to discipline employees who have unexpressed unwelcome views and reform of the business torts in Australia." Australian Business Law Review. 47 (5), pp. 349-363.
The punishment of journalists for contempt for refusing to reveal their sources in court
Gray, Anthony. 2019. "The punishment of journalists for contempt for refusing to reveal their sources in court." Journal of Judicial Administration. 29 (2), pp. 60-81.
Freedom of speech in practice: controversial applications of law and theory
Gray, Anthony. 2019. Freedom of speech in practice: controversial applications of law and theory. Maryland, United States. Lexington Books.
The lawfulness of the dismissal/termination of an employee who has expressed 'unwelcome' religious views
Gray, Anthony. 2019. "The lawfulness of the dismissal/termination of an employee who has expressed 'unwelcome' religious views." Australian Business Law Review. 47 (4), pp. 260-280.
Freedom of Speech in the Western World: Comparison and Critique
Gray, Anthony. 2019. Freedom of Speech in the Western World: Comparison and Critique. Maryland, United States. Lexington Books.
A critique of the enterprise risk theory of vicarious liability
Gray, Anthony. 2019. "A critique of the enterprise risk theory of vicarious liability." Canadian Business Law Journal. 62 (2), pp. 181-210.
The First Amendment to the United States Constitution and the implied freedom of political communication in the Australian Constitution
Gray, Anthony Davidson. 2019. "The First Amendment to the United States Constitution and the implied freedom of political communication in the Australian Constitution." Common Law World Review. 48 (3), pp. 142-175. https://doi.org/10.1177/1473779519863070
The liability of search engines and tech companies in defamation law
Gray, Anthony. 2019. "The liability of search engines and tech companies in defamation law." Tort Law Review. 27 (1), pp. 18-36.
Defamation law reform in Australia: the multiple publication rule
Gray, Anthony. 2019. "Defamation law reform in Australia: the multiple publication rule." Tort Law Review. 27 (1), pp. 3-17.
The incomplete legal transplant – good faith and the common law
Gray, Anthony. 2019. "The incomplete legal transplant – good faith and the common law." Breda, Vito (ed.) Legal transplants in East Asia and Oceania. Cambridge, United Kingdom. Cambridge University Press. pp. 111-131
A novel framework for distress detection through an automated speech processing system
Rana, Rajib, Gururajan, Raj, Mackenzie, Geraldine, Dunn, Jeff, Gray, Anthony, Zhou, Xujuan, Barua, Prabal Datta, Epps, Julien and Humphris, Gerald Michael. 2018. "A novel framework for distress detection through an automated speech processing system." 2018 IEEE/WIC/ACM International Conference on Web Intelligence (WI 2018). Santiago, Chile 03 - 06 Dec 2018 Los Alamitos, CA, United States. https://doi.org/10.1109/WI.2018.00-29
The offence of sedition: its history, its current status in Australian and international law, and its constitutionality
Gray, Anthony. 2019. "The offence of sedition: its history, its current status in Australian and international law, and its constitutionality." Australian Bar Review. 47 (2), pp. 159-180.
Automated screening for distress: A perspective for the future
Rana, Rajib, Latif, Siddique, Gururajan, Raj, Gray, Anthony, Mackenzie, Geraldine, Humphris, Gerald and Dunn, Jeff. 2019. "Automated screening for distress: A perspective for the future." European Journal of Cancer Care. 28 (4). https://doi.org/10.1111/ecc.13033
Internment of Australian terrorism suspects and the Australian Constitution
Gray, Anthony. 2019. "Internment of Australian terrorism suspects and the Australian Constitution." Australian Law Journal. 93 (4), pp. 300-320.
Is the seal of the confessional protected by Constitutional or common law?
Gray, Anthony. 2018. "Is the seal of the confessional protected by Constitutional or common law?" Monash University Law Review. 44 (1), pp. 112-150.
Internment of terrorism suspects: human rights and constitutional issues
Gray, Anthony. 2018. "Internment of terrorism suspects: human rights and constitutional issues." Australian Journal of Human Rights. 24 (3), pp. 307-325. https://doi.org/10.1080/1323238X.2018.1523659
Vicarious liability: critique and reform
Gray, Anthony. 2018. Vicarious liability: critique and reform. Oxford, UK and Portland, Oregon, US. Hart Publishing.
The enterprise risk theory of vicarious liability
Gray, Anthony. 2018. "The enterprise risk theory of vicarious liability." Australian Business Law Review. 46 (3), pp. 178-196.
Punitive damages: time for re-examination
Gray, Anthony. 2018. "Punitive damages: time for re-examination." Tort Law Review. 26 (1), pp. 18-37.
Mandatory sentencing around the world and the need for reform
Gray, Anthony. 2017. "Mandatory sentencing around the world and the need for reform." New Criminal Law Review: an international and interdisciplinary journal. 20 (3), pp. 391-432. https://doi.org/10.1525/nclr.2017.20.3.391
The presumption of innocence under attack
Gray, Anthony. 2017. "The presumption of innocence under attack." New Criminal Law Review: an international and interdisciplinary journal. 20 (4), pp. 569-615. https://doi.org/10.1525/nclr.2017.20.4.569
Public sector employees and the freedom of political communication
Gray, Anthony. 2018. "Public sector employees and the freedom of political communication." Alternative Law Journal . 43 (1), pp. 10-16. https://doi.org/10.1177/1037969X17748213
Contempt and the Australian Constitution - Part II
Gray, Anthony. 2018. "Contempt and the Australian Constitution - Part II." Journal of Judicial Administration. 27 (2), pp. 55-73.
Contempt and the Australian Constitution - part I
Gray, Anthony. 2017. "Contempt and the Australian Constitution - part I." Journal of Judicial Administration. 27 (1), pp. 3-20.
Re-invigorating non-delegable duties in Australia?
Gray, Anthony. 2017. "Re-invigorating non-delegable duties in Australia?" Tort Law Review. 25 (2), pp. 59-78.
Presumption of innocence in peril: a comparative critical perspective
Gray, Anthony. 2017. Presumption of innocence in peril: a comparative critical perspective. Maryland, USA. Lexington Books.
Family provision applications: a critique
Gray, Anthony. 2017. "Family provision applications: a critique." Australian Law Journal. 91 (9), pp. 750-768.
Presumption of innocence in peril
Gray, Anthony. 2017. "Presumption of innocence in peril." Alternative Law Journal . 42 (2), pp. 96-101. https://doi.org/10.1177/1037969X17710613
Papers in legal studies - Part 1
Gray, Anthony. 2011. Papers in legal studies - Part 1. Brisbane, Australia. Business Educators' Association of Queensland.
Liability of educational providers to victims of abuse: a comparison and critique
Gray, Anthony. 2017. "Liability of educational providers to victims of abuse: a comparison and critique." The Sydney Law Review. 39 (2), pp. 167-197.
The status of sanctuary in Australian law
Gray, Anthony. 2016. "The status of sanctuary in Australian law." Monash University Law Review. 42 (3), pp. 685-711.
The inclusion of ex-prisoners on juries
Gray, Anthony. 2017. "The inclusion of ex-prisoners on juries." Journal of Judicial Administration. 26 (2), pp. 59-75.
The law of penalties and the question of breach
Gray, Anthony. 2017. "The law of penalties and the question of breach." Australian Business Law Review. 45 (1), pp. 8-27.
Presumption of innocence in Australia: a threatened species
Gray, Anthony. 2016. "Presumption of innocence in Australia: a threatened species." Criminal Law Journal. 40 (5), pp. 262-282.
The protection of voting equality in Australia
Gray, Anthony. 2016. "The protection of voting equality in Australia." Federal Law Review. 44 (3), pp. 557-585.
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.
Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?
Braun, Kerstin and Gray, Anthony. 2016. "Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?" University of Western Australia Law Review. 41 (1), pp. 91-118.
The reconciliation of freedom of religion with anti-discrimination rights
Gray, Anthony. 2016. "The reconciliation of freedom of religion with anti-discrimination rights." Monash University Law Review. 42 (1), pp. 72-108.
Criminal due process and chapter III of the Australian Constitution
Gray, Anthony. 2016. Criminal due process and chapter III of the Australian Constitution. Annandale, New South Wales. Federation Press.
Section 92 of the Australian Constitution: the next phase
Gray, Anthony. 2016. "Section 92 of the Australian Constitution: the next phase." Australian Business Law Review. 44 (1), pp. 35-60.
Liability of police in negligence: a comparative analysis
Gray, Anthony. 2016. "Liability of police in negligence: a comparative analysis." Tort Law Review. 24 (1), pp. 34-62.
The liability of providers of mental health professionals in negligence
Gray, Anthony. 2015. "The liability of providers of mental health professionals in negligence." University of Western Australia Law Review. 40 (1), pp. 163-197.
The liability of providers of mental health services in negligence
Gray, Anthony. 2015. "The liability of providers of mental health services in negligence." Deakin Law Review. 20 (2), pp. 221-262.
The right to confrontation in common law systems: A critical comparison
Gray, Anthony. 2015. "The right to confrontation in common law systems: A critical comparison." New Criminal Law Review: an international and interdisciplinary journal. 18 (1), pp. 129-165. https://doi.org/10.1525/nclr.2015.18.1.129
Wilkinson v Downton: new Work for an old tort to do
Gray, Anthony. 2015. "Wilkinson v Downton: new Work for an old tort to do." Tort Law Review. 23 (3), pp. 127-147.
Good faith in Australian contract law after Barker
Gray, Anthony. 2015. "Good faith in Australian contract law after Barker." Australian Business Law Review. 43 (5), pp. 358-378.
Development of good faith in Canada, Australia and Great Britain
Gray, Anthony. 2015. "Development of good faith in Canada, Australia and Great Britain." Canadian Business Law Journal. 57 (1), pp. 84-119.
Preventive detention in New Zealand: a critical comparative analysis
Gray, Anthony. 2015. "Preventive detention in New Zealand: a critical comparative analysis." New Zealand Universities Law Review. 26 (3), pp. 557-586.
The Australian quarantine and biosecurity legislation: constitutionality and critique
Gray, Anthony. 2015. "The Australian quarantine and biosecurity legislation: constitutionality and critique." Journal of Law and Medicine. 22 (4), pp. 788-810.
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.
Barclay v Penberthy, the rule in Baker v Bolton and the action for loss of services: a new recipe required
Gray, Anthony. 2014. "Barclay v Penberthy, the rule in Baker v Bolton and the action for loss of services: a new recipe required." Monash University Law Review. 40 (3), pp. 920-941.
Reinvigorating the trade and commerce power
Gray, Anthony. 2015. "Reinvigorating the trade and commerce power." Australian Business Law Review. 43 (2), pp. 101-120.
Compulsory marketing schemes and Section 92 of the Australian Constitution
Gray, Anthony. 2014. "Compulsory marketing schemes and Section 92 of the Australian Constitution." University of Tasmania Law Review. 33 (2), pp. 317-344.
Donation and spending limits in political finance law and their compatibility with the Australian Constitution
Gray, Anthony. 2014. "Donation and spending limits in political finance law and their compatibility with the Australian Constitution." Australian Journal of Politics and History. 60 (4), pp. 592-605. https://doi.org/10.1111/ajph.12078
Reviewing the reviewers
Gray, Anthony. 2014. "Reviewing the reviewers." Alternative Law Journal . 39 (4), pp. 263-267.
The manifestation of religious belief through dress: Human hights and constitutional issues
Gray, Anthony. 2014. "The manifestation of religious belief through dress: Human hights and constitutional issues." European Journal of Law Reform. 16 (2), pp. 329-352.
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.
Papers in legal studies part 2
Gray, Anthony. 2014. Papers in legal studies part 2. Brisbane, Australia. Business Educators' Association of Queensland.
The constitutionality of Queensland's recent (legal) war on 'bikies'
Gray, Anthony. 2014. "The constitutionality of Queensland's recent (legal) war on 'bikies'." Deakin Law Review. 19 (1), pp. 51-87.
A comparison and critique of closed court hearings
Gray, Anthony. 2014. "A comparison and critique of closed court hearings." International Journal of Evidence and Proof. 18 (3), pp. 230-259. https://doi.org/10.1350/ijep.2014.18.3.455
Discriminatory taxation in light of Fortescue: its implications for the development of Northern Australia
Gray, Anthony. 2014. "Discriminatory taxation in light of Fortescue: its implications for the development of Northern Australia." Federal Law Review. 42 (1), pp. 67-89.
The right to silence: using American and European law to protect a fundamental right
Gray, Anthony. 2013. "The right to silence: using American and European law to protect a fundamental right." New Criminal Law Review: an international and interdisciplinary journal. 16 (4), pp. 527-567. https://doi.org/10.1525/NCLR.2013.0038
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.
Securing felons' voting rights in America
Gray, Anthony. 2014. "Securing felons' voting rights in America." Berkeley Journal of African-American Law and Policy. 16 (1), pp. 3-31.
Unfair contract terms: termination for convenience
Gray, Anthony. 2013. "Unfair contract terms: termination for convenience." University of Western Australia Law Review. 37 (1), pp. 229-252.
Freedom of association in the Australian Constitution and the crime of consorting
Gray, Anthony. 2013. "Freedom of association in the Australian Constitution and the crime of consorting." University of Tasmania Law Review. 32 (2), pp. 149-183.
Comparative religious freedom: the right to wear religious dress
Gray, Anthony. 2013. "Comparative religious freedom: the right to wear religious dress." Karraker, Meg Wilkes (ed.) The other people: interdisciplinary perspectives on migration. New York, NY. United States. Palgrave Macmillan. pp. 167-182
Withholding government funding: a breach of freedom of political communication
Gray, Anthony. 2013. "Withholding government funding: a breach of freedom of political communication." Alternative Law Journal . 38 (4), pp. 218-222.
Government funding of non-governmental organisations and the implied freedom of political communication: the constitutionalityof gag clause
Gray, Anthony. 2013. "Government funding of non-governmental organisations and the implied freedom of political communication: the constitutionalityof gag clause." Australian Journal of Political Science. 48 (4), pp. 456-469. https://doi.org/10.1080/10361146.2013.846295
Contractual penalties in Australian law after Andrews: an opportunity missed
Gray, Anthony. 2013. "Contractual penalties in Australian law after Andrews: an opportunity missed." Deakin Law Review. 18 (1), pp. 1-25.
The constitutionality of minimum mandatory sentencing - part II
Gray, Anthony and Elmore, Gerard. 2013. "The constitutionality of minimum mandatory sentencing - part II." Journal of Judicial Administration. 23 (1), pp. 58-69.
The meaning of an alien in the constitutional universe
Gray, Anthony. 2013. "The meaning of an alien in the constitutional universe." Australian Journal of Administrative Law. 20 (2), pp. 89-101.
Forfeiture provisions and the criminal/civil divide
Gray, Anthony Davidson. 2012. "Forfeiture provisions and the criminal/civil divide." New Criminal Law Review: an international and interdisciplinary journal. 15 (1), pp. 32-67. https://doi.org/10.1525/nclr.2012.15.1.32
Conflict of laws and the cloud
Gray, Anthony. 2013. "Conflict of laws and the cloud." Computer Law and Security Review: the International Journal of Technology Law and Practice. 29 (1), pp. 58-65. https://doi.org/10.1016/j.clsr.2012.11.004
The constitutionality of Australia's compulsory voting system
Gray, Anthony. 2012. "The constitutionality of Australia's compulsory voting system." Australian Journal of Politics and History. 58 (4), pp. 591-608. https://doi.org/10.1111/j.1467-8497.2012.01655.x
The constitutionality of the Minerals Resource Rent Tax 2012 (Cth)
Gray, Anthony. 2012. "The constitutionality of the Minerals Resource Rent Tax 2012 (Cth)." Australian Resources and Energy Law Journal. 31 (2), pp. 154-162.
The compatibility of unexplained wealth provisions and 'civil' forfeiture regimes with Kable
Gray, Anthony. 2012. "The compatibility of unexplained wealth provisions and 'civil' forfeiture regimes with Kable." QUT Law Review. 12 (2), pp. 18-35. https://doi.org/10.5204/qutlr.v12i2.488
Advertising by professions and the Competition and Consumer Act 2010 (Cth)
Gray, Anthony. 2012. "Advertising by professions and the Competition and Consumer Act 2010 (Cth)." Australian Business Law Review. 40 (5), pp. 336-347.
Constitutionally protecting the presumption of innocence
Gray, Anthony. 2012. "Constitutionally protecting the presumption of innocence." University of Tasmania Law Review. 31 (1), pp. 131-152.
The constitutionality of minimum mandatory sentencing provisions
Gray, Anthony and Elmore, Gerard. 2012. "The constitutionality of minimum mandatory sentencing provisions." Journal of Judicial Administration. 22 (1), pp. 37-47.
Termination for convenience clauses and good faith
Gray, Anthony. 2012. "Termination for convenience clauses and good faith." Journal of International Commercial Law and Technology. 7 (3), pp. 260-275.
Good faith and termination for convenience clauses in Australia
Gray, Anthony. 2012. "Good faith and termination for convenience clauses in Australia." International Journal of Private Law. 5 (4), pp. 352-372. https://doi.org/10.1504/IJPL.2012.049357
Racial vilification and freedom of speech in Australia and elsewhere
Gray, Anthony. 2012. "Racial vilification and freedom of speech in Australia and elsewhere." Common Law World Review. 41 (2), pp. 167-195. https://doi.org/10.1350/clwr.2012.41.2.0236
Bloody censorship: swearing and freedom of speech
Gray, Anthony. 2012. "Bloody censorship: swearing and freedom of speech." Alternative Law Journal . 37 (1), pp. 37-40.
Section 116 of the Australian Constitution and dress restrictions
Gray, Anthony. 2011. "Section 116 of the Australian Constitution and dress restrictions." Deakin Law Review. 16 (2), pp. 293-324.
Mockery and jury trial in Australia
Gray, Anthony. 2008. "Mockery and jury trial in Australia." Malleswari, V. B. (ed.) Jury trial: a legal concept. Hyderabad, India. Icfai University Press.
Workplace relations reform: summary and constitutionality
Gray, Anthony. 2006. "Workplace relations reform: summary and constitutionality." Queensland Lawyer. 26 (5), pp. 257-267.
Alert and alarmed: the National Security Information Act (Cth) 2004
Gray, Anthony. 2007. "Alert and alarmed: the National Security Information Act (Cth) 2004." University of Tasmania Law Review. 24 (2), pp. 1-23.
Mockery and the right to trial by jury
Gray, Anthony. 2006. "Mockery and the right to trial by jury." QUT Law Review. 6 (1), pp. 66-88.
Queensland criminal law may be unconstitutional
Gray, Anthony. 2004. "Queensland criminal law may be unconstitutional." Queensland Lawyer. 25, pp. 75-85.
A head for business regulation: the corporations power and the federal government's workplace relations reforms
Gray, Anthony. 2006. "A head for business regulation: the corporations power and the federal government's workplace relations reforms." Commercial Law Journal. 1 (1), pp. 56-67.
High court validates federal government's IR reforms
Gray, Anthony. 2006. "High court validates federal government's IR reforms." Commercial Law Journal. 1 (3), pp. 15-23.
High court validates restrictions on lawyer advertising
Gray, Anthony. 2005. "High court validates restrictions on lawyer advertising." Queensland Lawyer. 26 (3), pp. 131-139.
Applying provisions of the Australian Constitution to protect rights from intrusion by state parliaments
Gray, Anthony. 2011. "Applying provisions of the Australian Constitution to protect rights from intrusion by state parliaments." Australian Journal of Administrative Law. 18 (4), pp. 229-244.
Religious freedom and Section 116 of the Australian Constitution: would a banning of the hijab or burqa be constitutionally valid?
Gray, Anthony. 2011. "Religious freedom and Section 116 of the Australian Constitution: would a banning of the hijab or burqa be constitutionally valid?" Forum on Public Policy: a journal of the Oxford Round Table. 2011 (2), pp. 1-33.
Police power to conduct a search without reasonable suspicion in Australia: a comparative perspective
Gray, Anthony. 2011. "Police power to conduct a search without reasonable suspicion in Australia: a comparative perspective." European Public Law. 17 (2), pp. 331-347.
Why vicarious liability must be abandoned
Gray, Anthony. 2011. "Why vicarious liability must be abandoned." Australian Business Law Review. 39 (2), pp. 67-84.
The rule of law and reasonable suspicion
Gray, Anthony. 2011. "The rule of law and reasonable suspicion." Australian Journal of Human Rights. 16 (2), pp. 53-79.
Enforcement of punitive damages awards in the convention on choice of court agreements
Gray, Anthony. 2009. "Enforcement of punitive damages awards in the convention on choice of court agreements." Willamette Journal of International Law and Dispute Resolution. 17 (1), pp. 105-156.
Federal spending power in three federations: Australia, Canada and the United States
Gray, Anthony. 2011. "Federal spending power in three federations: Australia, Canada and the United States." Common Law World Review. 40 (1), pp. 13-39. https://doi.org/10.1350/clwr.2011.40.1.0215
Immunity of the Crown from statute and suit
Gray, Anthony. 2010. "Immunity of the Crown from statute and suit." Canberra Law Review. 2010 (1), pp. 1-35.
The constitutionality of criminal organisation legislation
Gray, Anthony. 2010. "The constitutionality of criminal organisation legislation." Australian Journal of Administrative Law. 17 (4), pp. 213-228.
Sustainable juries: thinking outside peer criminal jury trials
Gray, Anthony and Barnett, Eola. 2010. "Sustainable juries: thinking outside peer criminal jury trials." Journal of Judicial Administration. 20 (1), pp. 18-38.
The common law and the Constitution as protectors of rights in Australia
Gray, Anthony. 2010. "The common law and the Constitution as protectors of rights in Australia." Common Law World Review. 39 (2), pp. 119-156.
Unfair contracts and the Consumer Law Bill
Gray, Anthony. 2009. "Unfair contracts and the Consumer Law Bill." QUT Law Review. 9 (2), pp. 155-175.
Provocation and the homosexual advance defense in Australia and the United States: law out of step with community values
Gray, Anthony. 2010. "Provocation and the homosexual advance defense in Australia and the United States: law out of step with community values." The Crit. 3 (1), pp. 53-72.
Forum non conveniens in Australia: a comparative analysis
Gray, Anthony. 2009. "Forum non conveniens in Australia: a comparative analysis." Common Law World Review. 38 (3), pp. 207-244.
Extending time limits in sexual abuse cases
Gray, Anthony. 2009. "Extending time limits in sexual abuse cases." Common Law World Review. 38 (4), pp. 342-384. https://doi.org/10.1350/clwr.2009.38.4.0199
Reform of rules of private international law in Manitoba: a comparative perspective
Gray, Anthony. 2009. "Reform of rules of private international law in Manitoba: a comparative perspective." Journal of Politics and Law. 2 (4), pp. 26-38.
A guaranteed right to trial by jury at state level?
Gray, Anthony. 2009. "A guaranteed right to trial by jury at state level?" Australian Journal of Human Rights. 15 (1), pp. 97-125.
State-based business licensing in Australia: the Constitution, economics and international perspectives
Gray, Anthony. 2009. "State-based business licensing in Australia: the Constitution, economics and international perspectives." Deakin Law Review. 14 (2), pp. 165-188.
Due process, natural justice, Kable and organisational control legislation
Gray, Anthony. 2009. "Due process, natural justice, Kable and organisational control legislation." Public Law Review. 20 (4), pp. 290-305.
To give and to receive: the Australian government's proposed electoral finance reforms
Gray, Anthony and Jones, Nicky. 2010. "To give and to receive: the Australian government's proposed electoral finance reforms." University of Tasmania Law Review. 28 (2), pp. 182-209.
Australian 'bikie' laws in the absence of an express Bill of Rights
Gray, Anthony. 2009. "Australian 'bikie' laws in the absence of an express Bill of Rights." Journal of International Commercial Law and Technology. 4 (4), pp. 274-286.
Options for the doctrine of Crown immunity in 21st century Australia
Gray, Anthony. 2009. "Options for the doctrine of Crown immunity in 21st century Australia." Australian Journal of Administrative Law. 16 (4), pp. 200-210.
Excise taxation in the Australian federation: a legal and economic perspective
Gray, Anthony. 2009. Excise taxation in the Australian federation: a legal and economic perspective. Berlin, Germany. VDM Verlag Dr. Muller.
Human rights in Australia: looking forward, looking back
Gray, Anthony. 2009. Human rights in Australia: looking forward, looking back. Berlin, Germany. VDM Verlag Dr. Muller.
The regulation of electoral financing
Gray, Anthony. 2009. "The regulation of electoral financing." Oxford University Comparative Law Forum. 2009, pp. 1-21.
Criminal sanctions for cartel behaviour
Gray, Anthony. 2008. "Criminal sanctions for cartel behaviour." QUT Law Review. 8 (2), pp. 364-379.
Time to abolish the rule in Searle v Wallbank for negligence and nuisance claims
Gray, Anthony. 2008. "Time to abolish the rule in Searle v Wallbank for negligence and nuisance claims." Deakin Law Review. 13 (2), pp. 101-130.
Legal studies in action 2: Queensland
Gray, Anthony, Young, Karyl and Kenman, Sandra. 2009. Legal studies in action 2: Queensland. Brisbane, Australia. John Wiley & Sons.
Getting it right: where is the place of the wrong in multinational torts cases?
Gray, Anthony. 2008. "Getting it right: where is the place of the wrong in multinational torts cases?" The Sydney Law Review. 30 (3), pp. 537-550.
Loss distribution issues in multinational torts claims: giving substance to substance
Gray, Anthony. 2008. "Loss distribution issues in multinational torts claims: giving substance to substance." Journal of Private International Law. 4 (2), pp. 279-309.
Choice of law: the presumption in the proof of foreign law
Gray, Anthony. 2008. "Choice of law: the presumption in the proof of foreign law." University of New South Wales Law Journal. 31 (1), pp. 136-157.
Reinterpreting the trade and commerce power
Gray, Anthony. 2008. "Reinterpreting the trade and commerce power." Australian Business Law Review. 36 (1), pp. 29-46.
Policing price fixing in petroleum markets
Gray, Anthony. 2007. "Policing price fixing in petroleum markets." Australian Business Law Review. 35 (6), pp. 398-406.
FOI and the freedom of political communication
Gray, Anthony. 2007. "FOI and the freedom of political communication." Deakin Law Review. 12 (1), pp. 193-217.
The guaranteed right to vote in Australia
Gray, Anthony. 2007. "The guaranteed right to vote in Australia." QUT Law Review. 7 (2), pp. 178-197.
An exploratory study to determine students' perceptions of the value of interaction in an Australian classroom context and the perceived impact on learning outcomes
McDonald, Jacquelin, Birch, Dawn, Gray, Anthony, Gururajan, Raj, Hingst, Raymond D. and Maguire, Michael. 2005. "An exploratory study to determine students' perceptions of the value of interaction in an Australian classroom context and the perceived impact on learning outcomes." CRLL 2005: What a Difference a Pedagogy Makes: Researching Lifelong Learning and Teaching. Glasgow, Scotland 24 - 26 Jun 2005 London, United Kingdom.
Legal studies in action 1: Queensland (3rd edition) (includes teacher support manual)
Gray, Anthony and Herlihy, Gail. 2008. Legal studies in action 1: Queensland (3rd edition) (includes teacher support manual). Brisbane, Australia. John Wiley & Sons.
How Welfare to Work and WorkChoices will change womens' lives
Collins, Pauline and Gray, Anthony. 2006. "How Welfare to Work and WorkChoices will change womens' lives." Bailey, Janis, Broadbent, Kaye, Edwards, Linda, McDonald, Paula and Whitehouse, Gillian (ed.) Our Work .... Our Lives: National Conference on Women & Industrial Relations (2006). Brisbane, Australia 12 - 14 Jul 2006 Brisbane, Australia.
Legal studies in action 1 (2nd ed)
Herlihy, Gail and Gray, Anthony. 2004. Legal studies in action 1 (2nd ed). Brisbane, Australia. John Wiley & Sons.
Legal studies in action 2 (2nd ed)
Kenman, Sandra and Gray, Anthony. 2003. Legal studies in action 2 (2nd ed). Brisbane, Australia. John Wiley & Sons.
Remedy issues in multinational tort claims: substance and procedure and choice of law
Gray, Anthony. 2007. "Remedy issues in multinational tort claims: substance and procedure and choice of law." University of Queensland Law Journal. 26 (1), pp. 1-26.
The interplay of Welfare to Work and WorkChoices
Gray, Anthony and Collins, Pauline. 2007. "The interplay of Welfare to Work and WorkChoices." Hecate: an interdisciplinary journal of women's liberation. 33 (1), pp. 126-140.
The rise of Renvoi in Australia: creating the theoretical framework
Gray, Anthony. 2007. "The rise of Renvoi in Australia: creating the theoretical framework." University of New South Wales Law Journal. 30 (1), pp. 103-126.
Conflict of laws in international torts cases: the need for reform on both sides of the Tasman
Gray, Anthony. 2006. "Conflict of laws in international torts cases: the need for reform on both sides of the Tasman." Yearbook of New Zealand Jurisprudence. 9, pp. 113-140.
Freedom from disclosure of information
Gray, Anthony. 2007. "Freedom from disclosure of information." Alternative Law Journal . 32 (1), pp. 7-10.
Worry to women of Welfare to Work and WorkChoices
Collins, Pauline and Gray, Anthony. 2006. "Worry to women of Welfare to Work and WorkChoices." 61st Conference of the Australasian Law Teachers' Association (ALTA 2006). Melbourne, Australia 04 - 07 Jul 2006 Sydney, Australia.
Detaining future dangerous offenders: dangerous law
Gray, Anthony. 2004. "Detaining future dangerous offenders: dangerous law." Deakin Law Review. 9 (1), pp. 243-259.
Flexibility in conflict of laws multistate tort cases: the way forward in Australia
Gray, Anthony. 2004. "Flexibility in conflict of laws multistate tort cases: the way forward in Australia." University of Queensland Law Journal. 23 (2), pp. 435-463.
Preventive detention laws: High Court validates Queensland's Dangerous Prisoners Act 2003
Gray, Anthony. 2005. "Preventive detention laws: High Court validates Queensland's Dangerous Prisoners Act 2003." Alternative Law Journal . 30 (2), pp. 75-79.
Precedent and policy: Australian industrial relations reform in the 21st century using the corporations power
Gray, Anthony. 2005. "Precedent and policy: Australian industrial relations reform in the 21st century using the corporations power." Deakin Law Review. 10 (2), pp. 440-459.
Standard of proof, unpredictable behaviour and the High Court of Australia's verdict on preventive detention laws
Gray, Anthony. 2005. "Standard of proof, unpredictable behaviour and the High Court of Australia's verdict on preventive detention laws." Deakin Law Review. 10 (1), pp. 177-207.