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Tag: Procedural Fairness

The Rule of Reason and the Rule of Law

How does the law handle questions about what is a reasonable or unreasonable use of power? Unsurprisingly, this question about power and reasonableness is integral to the rule of law. Jack Maxwell explains…

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Jury Trials and ‘the exclusionary rule’

“Finality is a good thing, but justice is a better” per Lord Atkin in Ras Behari Lal v King-Emperor (1933) Privy Council decision. The High Court in its decision dated 12 February 2014, Smith v the State of Western Australia...

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The Year So Far: High Court Decisions and Rule of Law

Rule of law issues have featured significantly in a number of High Court judgments over the past weeks. In Monis v The Queen [2013] HCA 4, handed down on 27 February 2013,  a range of views were expressed by members of the High...

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