Constitutionally protected due process and the use of criminal intelligence provisions
Article
Article Title | Constitutionally protected due process and the use of criminal intelligence provisions |
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ERA Journal ID | 33965 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | University of New South Wales Law Journal |
Journal Citation | 37 (1), pp. 125-161 |
Number of Pages | 37 |
Year | 2014 |
Publisher | University of New South Wales |
Place of Publication | Sydney, Australia |
ISSN | 0313-0096 |
1447-7297 | |
Abstract | This article considers how the concept of 'due process' can be enshrined in the Australian Constitution. I explain various conceptions of due process, before considering the current example of the use of 'criminal intelligence' provisions in anti-association legislation, allowing the use of evidence against an individual without that individual having an opportunity to see or hear the evidence. I conclude that a strong argument can be made that such laws interfere with due process, by empowering a court to act in a non-judicial manner, by departing from the expectation of natural justice, by not requiring specificity of allegation, and by the use of unfair process liable to undermine the institutional integrity of a court. |
Keywords | due process, institutional integrity, Chapter III, constitution |
ANZSRC Field of Research 2020 | 480702. Constitutional law |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q265v/constitutionally-protected-due-process-and-the-use-of-criminal-intelligence-provisions
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