Trial by jury : time for a re-evaluation.

Davis, Feargal (2007) Trial by jury : time for a re-evaluation. Alternative Law Journal, 32. pp. 86-90. ISSN 1037-969X

Abstract

Trial by jury for federal offences appears to be guaranteed by s 80 of the Constitution. Case law, however, leads to the conclusion that this guarantee is far from watertight. As Australia adopts more and more anti-terrorism legislation, two questions must be addressed: can the right to trial by jury be constitutionally interfered with; and how important is it anyway? As an Irish scholar working in the UK and visiting Australia I have decided to tackle these questions.