Ad Hominem Parole Legislation, Chapter III and the High Court

Research output: Contribution to journalArticle

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.
Original languageEnglish
Pages (from-to)275-284
JournalThe University of Western Australia Law Review
Volume43
Issue number2
Publication statusPublished - Mar 2018

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