Journal article
Jurisprudence of Secrecy: Wainohu and Beyond
Flinders law journal, Vol.14(2), pp.189-230
2012
Abstract
This article uses the case of Wainohu v New South Wales (‘Wainohu’) as a springboard to reflect upon the increasing recourse to secrecy in forensic settings that is apparent in Australia and elsewhere. While the case represents the latest successful constitutional challenge to state legislation aimed at the control of criminal organisations, it is argued that Wainohu, and cases like it, have significance beyond strict matters of constitutional law. The article focuses on concerns about the increased use of secret evidence and criminal intelligence in areas, such as organised crime, where a premium is placed on security. It considers key features of a creeping culture of secrecy, and examines some of the corresponding jurisprudence of secrecy that has emerged across jurisdictions in response to these developments. As jurisprudence and scholarly commentary in this area is still relatively limited in Australia, the article aims to encourage debate and discussion by highlighting problems posed to principles of fairness and open justice by the normalisation of secrecy, which, in turn, highlights dilemmas relating to intelligence-led policing and responsible government in a law and order context.
Details
- Title
- Jurisprudence of Secrecy: Wainohu and Beyond
- Authors/Creators
- Greg Martin - Murdoch University, School of Law and Criminology
- Publication Details
- Flinders law journal, Vol.14(2), pp.189-230
- Publisher
- Flinders University
- Identifiers
- 991005609664907891
- Copyright
- © 2012 Informit
- Murdoch Affiliation
- School of Law and Criminology
- Resource Type
- Journal article
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