CAN THE VICTORIAN PARLIAMENT ABOLISH FUNDAMENTAL RIGHTS? (FROM SERIOUS VIOLENT OFFENDERS: SENTENCING, PSYCHIATRY, AND LAW REFORM, 1991, P 67-79, SALLY-ANNE GERULL AND WILLIAM LUCAS, EDS. - SEE NCJ-147734)

• NCJ Number: 147740
• Author(s): B Keon-Cohen
• Date Published: 1993
• Length: 13 pages
• Sale Source: Criminal Justice Press/Willow Tree Press
• Publication Type: Survey
• Language: English
• Country: Australia

Annotation

The Community Protection Act 1990, passed by the Parliament of Victoria (Australia) in order to keep a certain violent offender in preventive detention, raises many legal and ethical issues including the influence of the tabloid press, the proper role and responsibilities of the Parliament as against the judiciary, and the laws and procedures designed to punish and rehabilitate criminals and care for and treat the mentally ill.

Abstract

The constitutionality of this Act is examined in terms of the fundamental civil rights established in Australian common law and the doctrine of separation of powers. The principles which underlie the fabric of the Australian criminal justice system, and which cannot be curtailed by Parliament, include the rights not to be the subject of arbitrary arrest or detention, not to be subject to cruel or unusual punishment, to have a fair trial, and to obtain equal protection of the law. This author argues that the Act is unconstitutional according to these criteria and usurps judicial powers beyond the authority of the Parliament. 3 references and 2 appendixes