
The End of the Beginning
Secondary Rules
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The Dangers of Preventive Justice
Justice Gordon issued a strongly worded dissent on precisely those concerns. This prevented the idea of preventive justice being used as a justification. She says this sort of legislation undermines key rationales or constitutional values underpinning the strict separation of judicial power. So there's some very robust criticisms here of the West Australian legislation and at least implicitly of the majority reasoning.
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