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Baker v The Queen & Fardon v Attorney General for the State of Queensland

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journal contribution
posted on 2005-01-01, 00:00 authored by Oscar RoosOscar Roos
In 2004, the High Court of Australia had cause to revisit its 1996 decision in Kable, as well as to consider the nature of judicial power as it relates to the deprivation of liberty, outside of the parameters of conventional criminal sentencing. The resulting decisions of Fardon and Baker demonstrate the lack of constitutional protections afforded to people who become the focus of governmental campaigns to be "tough on crime". The so-called "Kable principle", as construed by the High Court in 2004, may prove to be the "constitutional watch dog that barks but once".

History

Journal

Deakin law review

Volume

10

Issue

1

Pagination

271 - 282

Publisher

School of Law, Deakin University

Location

Geelong, Vic.

ISSN

1321-3660

Language

eng

Notes

Reproduced with kind permission of the copyright owner.

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2005, School of Law, Deakin University

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