2008University of Southern Queensland ePrints (University of Southern Queensland)Requires access

Mockery and jury trial in Australia

Anthony Gray

Open publisher page 0 citations

Abstract

This paper considers the guarantee of jury trial provided for in the Commonwealth Constitution, and its interpretation by past members of the High Court. The Court has interpreted the right very narrowly, meaning in effect that the Federal Parliament decides whether an accused in any given case has a right to jury trial or not. It is submitted that the Court must give stronger protection to the right of an accused to a jury trial

About this research paper

What this paper is about

This paper considers the guarantee of jury trial provided for in the Commonwealth Constitution, and its interpretation by past members of the High Court. The Court has interpreted the right very narrowly, meaning in effect that the Federal Parliament decides whether an accused in any given case has a right to jury trial or not. It is submitted that the Court must give stronger protection to the right of an accused to a jury trial

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

This paper considers the guarantee of jury trial provided for in the Commonwealth Constitution, and its interpretation by past members of the High Court. The Court has interpreted the right very narrowly, meaning in effect that the Federal Parliament decides whether an accused in any given case has a right to jury trial or not. It is submitted that the Court must give stronger protection to the right of an accused to a jury trial

Key concepts: Jury, Parliament, Law, Jury trial, Hung jury, Political science, Constitution, Meaning (existential)

Related papers

Back to paper searchBrowse research topicsOriginal source
Mockery and jury trial in Australia — Research Paper | ScholarLens