Criminal Due Process and Chapter III of the Australian Constitution (Second Edition)

This book considers the potential of Chapter III of the Australian Constitution to protect fundamental criminal due process rights such as the presumption of innocence, right to silence, the right to confront accusers, and the right to fair and proportionate sentencing. These features might be regarded as fundamental characteristics of judicial process in the criminal sphere, such that significant departures from them might intefere with the institutional integrity of a court. This may trigger unconstitutionality, given how the High Court has found that significant features of judicial process are in effect protected by Chapter III of the Australian Constitution, and its promise of judicial independence.