Executive detention and the Australian Constitution
Article
Article Title | Executive detention and the Australian Constitution |
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ERA Journal ID | 36744 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Australian Journal of Administrative Law |
Journal Citation | 22 (1), pp. 43-62 |
Number of Pages | 20 |
Year | 2014 |
Place of Publication | Sydney |
ISSN | 1320-7105 |
Abstract | This papers considers constitutional arguments regarding the executive detention of individuals, in light of the Queensland Government's Criminal Law Amendment (Public Interest Declarations) Act 2013 (Qld), which reposed power to order the detention of individuals within a particular class in the Queensland Governor, upon the recommendation of the Queensland Attorney-General. It argues the High Court should invalidate legislation which confers such powers upon the executive, since detention is almost always a punitive act, and punitive detention is an exclusively judicial function. It further argues that to confer such powers on members of the executive undermines the institutional integrity of Queensland courts contrary to the requirements of Chapter III. |
Keywords | preventive detention, Kable, Fardon, Chapter III, institutional integrity |
ANZSRC Field of Research 2020 | 480702. Constitutional law |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q2w0x/executive-detention-and-the-australian-constitution
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