Add to ORKGTrial by jury for federal offences appears to be guaranteed by s 80 of the Constitution. Case law, however, leads to the conclusion that this guarantee is far from watertight. As Australia adopts more and more anti-terrorism legislation, two questions must be addressed: can the right to trial by jury be constitutionally interfered with; and how important is it anyway? As an Irish scholar working in the UK and visiting Australia I have decided to tackle these questions
After questioning, a person’s detention should be decided by the courts, not government, write...
[Extract] The government moved rapidly to create a range of new terrorist offences and to outlaw org...
The legal subject areas covered by this thesis are international human rights law, Australian consti...
British tradition and the American Constitution guarantee trial by jury for serious crime. But terro...
There have been recent calls for the internment of terrorism suspects in Australia. Internment has ...
The constitutional status of the right to trial by jury is reflected in its recognition as a fundame...
The recent history of juries in Australia reveals an interesting clash between the endeavours of sta...
Accused persons who are subjected to a saturation level of negative media coverage may be denied an ...
Jury directions in relation to the issue of consent in trials of sexual offence cases are mandated i...
Ben Saul assesses the federal government’s proposed counter-terrorism laws. THE July bombings in Lo...
In 2008, there were a number of areas in the criminal law in Queensland in which there was law refor...
The need to combat terrorism has resulted in a need for changes to the legal process to take account...
Australia does need new anti-terror laws, but many of the measures being proposed by the Abbott gove...
Scholars of criminal law and criminalisation have paid insufficient attention to the use of constitu...
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an...
After questioning, a person’s detention should be decided by the courts, not government, write...
[Extract] The government moved rapidly to create a range of new terrorist offences and to outlaw org...
The legal subject areas covered by this thesis are international human rights law, Australian consti...
British tradition and the American Constitution guarantee trial by jury for serious crime. But terro...
There have been recent calls for the internment of terrorism suspects in Australia. Internment has ...
The constitutional status of the right to trial by jury is reflected in its recognition as a fundame...
The recent history of juries in Australia reveals an interesting clash between the endeavours of sta...
Accused persons who are subjected to a saturation level of negative media coverage may be denied an ...
Jury directions in relation to the issue of consent in trials of sexual offence cases are mandated i...
Ben Saul assesses the federal government’s proposed counter-terrorism laws. THE July bombings in Lo...
In 2008, there were a number of areas in the criminal law in Queensland in which there was law refor...
The need to combat terrorism has resulted in a need for changes to the legal process to take account...
Australia does need new anti-terror laws, but many of the measures being proposed by the Abbott gove...
Scholars of criminal law and criminalisation have paid insufficient attention to the use of constitu...
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an...
After questioning, a person’s detention should be decided by the courts, not government, write...
[Extract] The government moved rapidly to create a range of new terrorist offences and to outlaw org...
The legal subject areas covered by this thesis are international human rights law, Australian consti...