Chapter 11 key debates

Privilege

Topic

The rationale behind the decision to exclude legal professional privilege from inquisitorial proceedings

Author

A Zuckerman

Viewpoint

Discusses the relationship between the decision in Re L and that in ex p B and suggests that an alternative and fairer approach would have been to declare ex p B wrongly decided.

Source

‘Legal Professional Privilege: The Cost of Absolutism’ (1996) 112 LQR 535

Topic

The reasons for protecting the privilege against self-incrimination

Author

M Redmayne

Viewpoint

Discusses the reasons for protecting the privilege and maintains one is the need for distance from a powerful state.

Source

‘Rethinking the Privilege against Self-Incrimination’ (2007) 27/2 OJLS 209

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