Please use this identifier to cite or link to this item: http://hdl.handle.net/2440/108368
Type: Journal article
Title: The executive institution of mercy in Australia: the case and model for reform
Author: Caruso, D.
Crawford, N.
Citation: University of New South Wales Law Journal, 2014; 37(1):312-348
Publisher: UNSW Law School
Issue Date: 2014
ISSN: 1447-7297
Statement of
Responsibility: 
David Caruso, Nicholas Crawford
Abstract: Post-conviction review procedures in Australia have been static despite significant reform in other Commonwealth countries. Responsibility for review and the powers to do so, collectively, the 'Institution of Mercy' ('IOM'), are vested in the executive of each Australian jurisdiction. We argue that the executive should not have those powers or responsibilities. To vest the executive with those powers ignores international reform, the history and development of the powers and, most importantly, is contrary to fundamental principles of a constitutional democracy. We consider recent reforms in South Australia are a model worthy of consideration by other Australian and common law jurisdictions.
Rights: © University of New South Wales
RMID: 0030028752
Published version: http://search.informit.com.au/documentSummary;dn=308236427159010;res=IELHSS
Appears in Collections:Law publications

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