Abstract
This article explores the difficulties of bringing a Chapter III constitutional
challenge to parole legislation. The province of the executive domain and
becoming increasingly politicised, parole arises for consideration after the judicial
sentencing process is complete. This means that parole lacks the same
constitutional limits of the Kable-guarded judicature, even in cases where parole
legislation is ad hominem and has the practical effect of removing parole eligibility.
challenge to parole legislation. The province of the executive domain and
becoming increasingly politicised, parole arises for consideration after the judicial
sentencing process is complete. This means that parole lacks the same
constitutional limits of the Kable-guarded judicature, even in cases where parole
legislation is ad hominem and has the practical effect of removing parole eligibility.
| Original language | English |
|---|---|
| Pages (from-to) | 275-284 |
| Journal | The University of Western Australia Law Review |
| Volume | 43 |
| Issue number | 2 |
| Publication status | Published - Mar 2018 |