Criminal Due Process And Chapter Iii Of The Australian Constitution
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Criminal Due Process And Chapter Iii Of The Australian Constitution
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Author : Anthony Gray
language : en
Publisher:
Release Date : 2016
Criminal Due Process And Chapter Iii Of The Australian Constitution written by Anthony Gray and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Constitutional law categories.
This book articulates the potential of the principle of separation of powers reflected in the structure and text of the Australian Constitution to protect fundamental due process rights. Clearly, the founding fathers did not enact an express bill of rights in the Australian Constitution, and the document contains a limited number of express rights. However, the High Court has accepted as fundamental the doctrine of separation of powers. While the precise contours of the separation of powers principle are still being drawn, the High Court has found that laws which require, or authorise, a court to exercise power involving a departure from characteristics of traditional judicial process are constitutionally suspect. This is because such a law would undermine a court's institutional integrity. While the High Court has been somewhat loath to identify precisely characteristics of traditional judicial process, some indicia - including open courts, ability to review a decision of a lower court for jurisdictional error, the provision of reasons, decisional independence and fairness - have been identified. This book argues that fundamental due process rights in the criminal law area, such as presumption of innocence, the right to silence, the right to confront accusers, open courts, no effective punishment without conviction, and proportionate rather than mandated sentencing, are so fundamental to a criminal procedure that laws which abrogate these rights and expectations are vulnerable to constitutional challenge.
The Oxford Handbook Of The Australian Constitution
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Author : Cheryl Saunders
language : en
Publisher: Oxford University Press
Release Date : 2018
The Oxford Handbook Of The Australian Constitution written by Cheryl Saunders and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Providing an interdisciplinary overview of Australian constitutional law and practice, this Handbook situates the development of the constitutional system in its proper context. It also examines recurrent themes and tensions in Australian constitutional law, and points the way for future developments.
Criminal Laws In Australia
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Author : David Lanham
language : en
Publisher: Federation Press
Release Date : 2006
Criminal Laws In Australia written by David Lanham and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Aims to present a unified picture of the core aspects of Australian criminal law.
The Legal Protection Of Rights In Australia
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Author : Matthew Groves
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-11-14
The Legal Protection Of Rights In Australia written by Matthew Groves and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-14 with Law categories.
How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.
The Oxford Handbook Of The Australian Constitution
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Author : Cheryl Saunders
language : en
Publisher: Oxford University Press
Release Date : 2018-02-22
The Oxford Handbook Of The Australian Constitution written by Cheryl Saunders and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-22 with Law categories.
Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.
The Federal Judicature Ch Iii Of The Constitution
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Author :
language : en
Publisher:
Release Date : 2019
The Federal Judicature Ch Iii Of The Constitution written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Copyright Law
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Author : David J. Brennan
language : en
Publisher:
Release Date : 2021-11-16
Copyright Law written by David J. Brennan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-16 with Copyright categories.
"This book deals with all the private law regimes within the Copyright Act 1968 (Cth): proprietary copyright, technical protection measures, performers' rights, and moral rights. The work has a strong focus on Australian jurisprudence and law reform, and provides expositions of complex matters within their treaty law, litigious, technological, historical, or political contexts. It examines areas that frequently present difficulty in practice, such as implied licences, title, Copyright Tribunal jurisdiction, the interface with design law, and copyright damages. The work also provides an explanation of territoriality, private international law principles relating to copyright, and jurisdictional attachment. This is done in a way that both delineates the limits of Australian copyright jurisdiction, and sets out the various pathways for entry into that jurisdiction"--Publisher's description.
Core Concepts In Criminal Law And Criminal Justice
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Author : Kai Ambos
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16
Core Concepts In Criminal Law And Criminal Justice written by Kai Ambos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with Law categories.
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Criminal Due Process And Chapter Iii Of The Australian Constitution
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Author : Anthony Gray
language : en
Publisher:
Release Date : 2025-05-15
Criminal Due Process And Chapter Iii Of The Australian Constitution written by Anthony Gray and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-15 with Law categories.
Good Faith And Relational Contracts
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Author : Anthony Gray
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-10-31
Good Faith And Relational Contracts written by Anthony Gray and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-31 with Law categories.
This book explores the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. This doctrine is well-accepted in civil law, is reflected in international commercial law, and is a fundamental aspect of private law in the USA. However, its use in the UK is extremely limited. Inconsistent application has given rise to confusion and uncertainty. This apparent antipathy is somewhat hard to fathom, given its previous widespread acceptance in English law. The book explains in depth the history of good faith in English law, and clarifies its current status in English, Australian and international law. It explores the relationship between good faith within contractual relations and the neighbour principle in tort law, and notes the workability of good faith in the commercial context of insurance. This will be welcomed by contract lawyers in both common law and civil law jurisdictions. A subsequent volume will explore how acceptance of good faith in the law might lead to a re-interpretation of existing contract law doctrine.