A distinct aspect of the Australian constitutional order at the federal level is the lack of express constitutional rights that could act as a restraint on the exercise of governmental power. The making and administration of the criminal law - because it is intimately involved with the use of governmental power over those who may have broken the law - may impact adversely on the "rights" of those suspected of criminal offences. And governments may go too far in their attempts to regulate criminal behavior and traverse upon fundamental rights. The issue then arises - what can the High Court do to prevent unnecessary intrusions into the freedoms Australians enjoy? In this book, the author traces the development of "Chapter III" jurisprudence of the High Court in the context of the development of bodies that now exist outside traditional courts to regulate the conduct of individuals and organisations. "Chapter III" refers to that part of the Commonwealth Constitution that establishes the judicial system and, implicitly, forms the doctrinal and legal basis for the separation of powers. It does so because the High Court may rule invalid laws made and bodies established that infringe that constitutional principle. Bodies that have been established to tackle corruption and serious organised crime such as the Australian Crime Commission often abrogate fundamental rights such as the right to silence. It is these bodies and laws that the work concentrates on.

This work is illuminating in demonstrating how, even in the absence of express constitutional rights, the High Court may intervene to curb the zealous and excessive use of power by governments. - Richard Edney, In_Print, Law Institute Journal Victoria, May 2017.