Title

The 'Institutional' integrity principle: Where are we now and where are we headed?

Date of this Version

12-1-2011

Document Type

Journal Article

Publication Details

Citation only

Steytler, C., & Field, I. (2011). The 'Institutional' integrity principle: Where are we now and where are we headed? University of Western Australia Law Review 35(2), 227-264.

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2011 HERDC submission. FoR code: 180108

© Copyright The University of Western Australia and C. Steytler & I. Field, 2011

ISSN

0042-0328

Abstract

This article examines the 'institutional integrity' principle, first enunciated in Kable, in the wake of three recent High Court decisions: International Finance Trust, Totani and Wainohu. This article is primarily intended to provide the profession, lawmakers and others with an interest in Chapter III jurisprudence, with a detailed guide as to the basis, object and scope of the institutional integrity principle. A number of questions are also identified, which have been left unanswered by the existing case law, and some comment is provided as to the likely development of the principle in future cases.

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This document has been peer reviewed.