Fardon V Attorney-General Case Study

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The danger arising from such practice is that the people do not have a voice if judges become unwilling to recognise fundamental rights. One example of how legislation is infringing on fundamental rights is seen in Fardon v Attorney-General (Queensland) . 12 In this case, there was debate as to whether legislation allowing the Supreme Court to order the continued detention of serious sex offenders once their original sentence had been served was constitutionally valid if the person presents a serious risk of re-offending. In effect, a person could be kept in prison in the absence of committing a new crime and without the need to show mental illness or other symptoms which would normally justify extended detention. This legislation

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