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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.

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Title Baker v The Queen & Fardon v Attorney General for the State of Queensland
Author(s) Roos, Oscar
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
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
Persistent URL http://hdl.handle.net/10536/DRO/DU:30003204

Document type: Journal Article
Collections: School of Law
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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.