Law and Liberty in the War on TerrorAndrew Lynch, Edwina MacDonald, George Williams Federation Press, 2007 - 252 pagini How can we ensure national security against people unafraid to kill themselves along with their victims - people who, self-evidently, will not be deterred by traditional laws which punish offenders after their crimes are committed. This is the challenge for liberal democracies such as Australia. New laws specifically designed to forestall terrorist activity have been a key response. Law and Liberty in the War on Terror describes these laws and debates both their effectiveness and impact on civil liberties. International and domestic commentators from the fields of government, law and political science address questions such as: How does the law define 'terrorism'? Can the criminal justice system accommodate preparatory terrorism offences? Is torture ever acceptable as an interrogative method? What is the role of the judiciary in times of emergency? How do Australia's anti-terrorism laws compare with those of the United Kingdom and New Zealand? How are Australian communities and politics affected by responses to terrorism?"[I] n this book, proponents of the new anti-terrorism laws seek to justify their provisions and opponents argue that the laws go too far. These chapters also show the extent of the changes that have been made to our legal and administrative structures. ... The chapters in this book cannot be dismissed as mere academic analyses. They have to do with the lives and aspirations of all Australians. They ask whether Australia is, and whether it will be, a united, secure, free and confident nation." - Sir Gerard Brennan AC KBE, former Chief Justice of Australia |
Cuprins
3 | |
Legality and Emergency The Judiciary in a Time of Terror | 9 |
The Case for Defining Terrorism With Restraint and Without | 39 |
The Effectiveness of Criminal Laws on Terrorism | 50 |
Catastrophic Risk and Precautionary | 59 |
Australias Terrorism Offences A Case Against | 75 |
The National | 87 |
Control Orders and Preventative Detention Why Alarm | 106 |
When are Restrictions on Speech Justified in the War on Terror? | 138 |
The Fallacy of the Ticking Bomb | 147 |
What is it Will it Work and Can it be Justified? | 155 |
CounterTerrorism Law in New Zealand | 166 |
Lessons for Australia | 181 |
Their Voice in Australias Terrorism | 198 |
News Media Responsibilities in Reporting on Terrorism | 211 |
Achieving Security Respecting Rights and Maintaining | 222 |
A Judicial Perspective The Making of Preventative | 116 |
The Constitutional Validity of Prevention Detention | 127 |
234 | |
Termeni și expresii frecvente
activities Al-Kateb v Godwin amendments apply argument ASIO Attorney-General Bill bomb Callinan committed Commonwealth Communist Party constitutional control orders counter-terrorism crime criminal law criminalise debate decision defence definition of terrorism democracy democratic detained dissent evidence executive Gleeson CJ groups Gummow Haneef Hayne High Court human rights Irwin Cotler Islamic issues jihadist judges judicial Justice Kent Roach Khawaja Kirby law enforcement Lodhi Maher Arar McHugh motive element Muslim national security NSI Act Parliament Parliament of Australia Parliamentary Joint Committee person Philip Ruddock police political or religious preventative detention preventative detention orders prohibition prosecution protection question reason regime reporting response risk role rorism rule of law Security Legislation Review Sheller Committee speech target Terrorism Act Terrorism Act 2000 terrorism laws terrorism offences terrorist act terrorist attack terrorist organisation Thomas v Mowbray threat torture trial violence war on terror