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The powers of courts

The powers of courts

A couple of weeks ago, the High Court handed down its judgment in NH v Director of Public Prosecutions [2016] HCA 33. The case concerned four defendants in South Australia who were accused of murder. After a trial before a judge and jury, they were acquitted of...
The principle of legality

The principle of legality

The Principle of Legality Twelve years ago today, the High Court handed down its decision in Electrolux Home Products Pty Ltd v Australian Workers’ Union, now remembered for Chief Justice Gleeson’s seminal discussion of the principle of legality. The principle of...
Sentencing at the ICC

Sentencing at the ICC

In the fifth post in our series of collaborative posts with New South Wales Young Lawyers’ International Law Committee, Louisa Spiteri examines the ICC’s sentencing of a Congolese warlord.   A crucial element of fairness in the criminal justice system is...

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