AI Snips
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Kable Principle
- The Kable decision limited state legislative power regarding state courts.
- State parliaments could not use state courts to legitimize non-judicial processes.
Farden Case
- The Fardon case involved legislation designed to keep serious sexual offenders in prison past their sentence.
- Unlike Kable, this legislation survived High Court review because it applied to a category, not an individual.
Expansion of Preventive Detention
- Initially, exceptional tools for serious offenders expand incrementally.
- Preventive detention, once rare, becomes more commonplace.