Baker v The Queen & Fardon v Attorney General for the State of Queensland Roos, Oscar 2005, Baker v The Queen & Fardon v Attorney General for the State of Queensland, Deakin law review, vol. 10, no. 1, pp. 271-282, doi: 10.21153/dlr2005vol10no1art277. Attached Files Name Description MIMEType Size Downloads roos-bakervthequeen-2005.pdf Published version application/pdf 680.70KB 188 Title Baker v The Queen & Fardon v Attorney General for the State of Queensland Author(s) Roos, Oscar orcid.org/0000-0001-8035-7605 Journal name Deakin law review Volume number 10 Issue number 1 Start page 271 End page 282 Publisher School of Law, Deakin University Place of publication Geelong, Vic. Publication date 2005 ISSN 1321-3660 Keyword(s) actions & defenses judicial power judgments action & defenses (Administrative law) Constitutional law Summary 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". Notes Reproduced with kind permission of the copyright owner. Language eng DOI 10.21153/dlr2005vol10no1art277 Indigenous content off Field of Research 180199 Law not elsewhere classified HERDC Research category C1 Refereed article in a scholarly journal Copyright notice ©2005, School of Law, Deakin University Free to Read? Yes Persistent URL http://hdl.handle.net/10536/DRO/DU:30003204 Document type: Journal Article Collections: Faculty of Business and Law Law Open Access Collection Related Links Link Description Link to full-text (open access)     Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved. Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au. Versions Version Filter Type Thu, 15 Jan 2009, 13:17:11 EST Mon, 08 Jun 2009, 15:22:59 EST Fri, 08 Apr 2011, 14:00:01 EST Tue, 06 Sep 2016, 09:08:06 EST Mon, 04 Dec 2017, 13:34:57 EST Mon, 22 Jan 2018, 13:51:15 EST Fri, 07 Sep 2018, 17:58:40 EST Mon, 11 Jan 2021, 09:15:39 EST Filtered Full Citation counts:   Cited 7 times in TR Web of Science Cited 0 times in Scopus Search Google Scholar Access Statistics: 1406 Abstract Views, 188 File Downloads  -  Detailed Statistics Created: Mon, 07 Jul 2008, 08:46:24 EST

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.