Trial by Jury, the Great Constitutional Bait-and-Switch

8 Pages Posted: 22 Nov 2022

See all articles by Jeremy Patrick

Jeremy Patrick

University of Southern Queensland School of Law

Date Written: November 18, 2022

Abstract

Section 80 of the Australian Constitution provides for trial by jury of all Federal crimes tried by indictment. However, careless framing of the provision and over-literal interpretation by the High Court of Australia has rendered the provision a nullity. Who should bear the brunt of the blame: the framers or the High Court? This draft chapter is part of a manuscript in progress that examines provisions of the Australian Constitution that have little to no operative legal effect: either through poor drafting or poor interpretation.

Keywords: Australian Constitution, Jury, High Court, Drafting, Section 80

JEL Classification: K1

Suggested Citation

Patrick, Jeremy J., Trial by Jury, the Great Constitutional Bait-and-Switch (November 18, 2022). Available at SSRN: https://ssrn.com/abstract=4280101 or http://dx.doi.org/10.2139/ssrn.4280101

Jeremy J. Patrick (Contact Author)

University of Southern Queensland School of Law ( email )

Room Q-416
USQ
Toowoomba, QLD 4350
Australia
+61 7 4631 5374 (Phone)

HOME PAGE: http://legalheresy.blogspot.com

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