LAW 1504 Lecture Notes - Lecture 5: Affidavit, Susan Crennan, Ad Hominem
18 Sep 2018
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Write this paragraph at the start of every kable problem regardless of working out the solution/ answer: This is rephrased in naalas v bradley: state courts must be and appear to be independent and impartial tribunals. Kable v dpp (nsw) (1996) 189 clr 51. Criminal protection act to detain kable personally. Legislation was passed to authorise the detainment of an individual if they posed a threat. Mr kable was detained and kept in prison; denied access to see his children, until his appeals for constitutional error successfully made its way to the high court. Separation of powers under nsw constitution; unsuccessful. No separation of powers in other states (gilbertson v sa (1976) 15 sasr gg) Re constitutional exercise of federal judicial power = successful. Cha(cid:374)ged sta(cid:374)dard of proof (cid:858)(cid:373)ore likely tha(cid:374) (cid:374)ot(cid:859) Not applying to past court to rule the future. There are no two grades of justice. Constitution chapter iii requires chapter iii courts to be independent, impartial.
