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Prevent, Detain, Control and Order? Legislative Process and Executive Outcomes in Enacting the 'Anti-Terrorism Act (No 2) 2005' (Cth)

Research output: Contribution to journalArticlepeer-review

Abstract

The enactment of the 'Anti-Terrorism Act (No 2) 2005' (Cth), in particular its preventative detention and control order regimes, I can be seen as significantly transforming traditional common law assumptions in Australia about the liberty of the individual- save in circumstances of arrest on reasonable suspicion of the commission of an offence. Representing a shift to principles of pre-emption and interdiction, preventative detention and control order provisions under the legislation have the potential of promoting over time, fundamental and exponential changes to the qualities of the democratic relationship between the citizen and State.
Original languageEnglish
Pages (from-to)17-79
JournalFlinders Journal of Law Reform
Volume10
Issue number1
Publication statusPublished - 2007

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • International Law (excl. International Trade Law)
  • Human Rights Law
  • Constitutional Law

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