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Justice Deane's Faulty reasoning.(Letters)
SIR: In the June issue, Dennis Rose QC rightly criticises Justice Deane's reasoning in Polyukhovich's case. The fallacy in the reasoning can be demonstrated simply, in a few lines. Justice Deane's view was that the legislation under which Polyukhovich was tried amounted to a legislative direction to convict those tried under it. But at trial, Polyukhovich was acquitted. Apparently Justice Deane did not consider this embarrassing possibility when writing his ...
- The marriage power: constitutional issues.(LEGAL NOTES)
- Magazine article from: National Observer - Australia and World Affairs Zimmermann, Augusto September 22, 2007 700+ words
...each paragraph of s51 must be given its widest literal meaning". (2) In Polyukhovich v Commonwealth (1991) 172 CLR 501, for example, High Court Justice Deane argued for the majority that all "the grants of legislative power contained...
- My life as a young Australian novelist.(Reprint)
- Magazine article from: Quadrant Dale, Helen May 1, 2006 700+ words
...eccentric genius who teaches us Constitutional Law A, sets Polyukhovich v Commonwealth as our case study. Are you trying to set...Ratnapala gave us a choice of cases--half a dozen or so. Polyukhovich was only one. Memo to my critics: moving the furniture...
- Didactic and dissident histories in war crimes trials.(Conceptualizing...
- Magazine article from: Albany Law Review Simpson, Gerry J. March 22, 1997 700+ words
...Israel(10) forced a review of U.S. Department of Justice extradition procedures. In Australia, the acquittal of Ivan Polyukhovich led to the disbanding of the Special Investigations Unit and its successor, the War Crimes Prosecutions Support Unit...
- Can The Commonwealth Be Charged With Contempt Of Court?(New South Wales Court...
- News wire article from: Mondaq Business Briefing Carroll, John July 22, 2009 700+ words
...process." However, the Court went on to note that the differences were largely illusory, and endorsed the comments of Justice Deane in Hinch v Attorney-General (Vic) (1987) 164 CLR 15, 49 "that all proceedings for contempt 'must realistically be...
Source: HighBeam Research, Justice Deane's Faulty reasoning.(Letters)