Trial by Jury, the Great Constitutional Bait-and-Switch
8 Pages Posted: 22 Nov 2022
Date Written: November 18, 2022
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: Suggested Citation