The Status of the Kable Principle in Australian Constitutional Law

Abstract

This article looks at the significance of a recent trio of High Court decisions for the status of the principle established in Kable v Director of Public Prosecutions (NSW). The Kable principle as it has come to be understood will be outlined and also why it has attracted criticism and generated controversy in some quarters. The analysis undertaken will demonstrate that the High Court has secured its status in Australian constitutional law. It will however be suggested that the more significant legacy of the Kable principle after these cases is to secure a fuller integration of the Australian judicial system and outline what this may entail for the operation of constitutional doctrine, in particular the emerging due process principle.