Law and Liberty in the War on Terror

Erscheinungsjahr 2008
ISBN: 978-1-86287-674-3
Verlag: Federation Press

Buch, Englisch, 240 Seiten, Format (B × H): 155 mm x 233 mm, Gewicht: 412 g

Law and Liberty in the War on Terror brings together a collection of diverse views on the major questions and issues governing our response to the threat of terrorism and the impact which our attempts to protect the community may have on our law and politics. Through essays by leading international and domestic commentators drawn from across politics, government, the academy and media, the book offers a range of critical perspectives on the challenge of ensuring national security whilst preserving the liberties that define our society. It commences with a preface by Sir Gerard Brennan, former Chief Justice of Australia and consists of seven parts within which contributors address questions such as the difficulty of defining 'terrorism'; the extent to which the criminal justice system can accommodate terrorism offences; the acceptability of torture as an interrogative method; the role of the judiciary in times of emergency; how Australia's laws compare with those of the United Kingdom and New Zealand; and how our communities and politics are affected by responses to terrorism. Its chapters are strongly reflective of the current debates about Australia's anti-terrorism laws and are written so as to be accessible to a general informed audience. The book would also provide an excellent resource for law and politics students working in the area. Law and Liberty in the War on Terror will be thoroughly up to date and include discussion of the recent handling of terrorism allegations against Dr Mohamed Haneef and also the High Court of Australia's upholding of the control order over Jack Thomas. It is an indispensable book for all Australians who want to know more about our anti-terrorism laws and their wider significance for our society.

Autoren/Hrsg.

Lynch, Andrew

MacDonald, Edwina

Williams, George

Weitere Mitwirkende

Brennan AC KBE, Sir Gerard

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte

Inhaltsverzeichnis

Contents Foreword by Sir Gerard Brennan AC KBE (Former Chief Justice of Australia) Part I Law's role in the response to terrorism Law as a preventative weapon against terrorism The Hon Phillip Ruddock MP Legality and emergency - the judiciary in a time of terror David Dyzenhaus and Rayner Thwaites The curious element of motive in definitions of terrorism: essential ingredient or criminalising though? Ben Saul The case for defining terrorism with restraint and without reference to political or religious motive Kent Roach Part II Criminalising terrorism - how far should the law go? The effectiveness of criminal laws on terrorism Robert Cornall AO Preparation for terrorism: catastrophe risk and precautionary criminal law Andrew Goldsmith Australia's terrorism offences - A case against Patrick Emerton Reconciling security and the right to a fair trial: the national security information Stephen Donaghue Preserving national security in the courtroom: a new battleground Phillip Boulten Part III Beyond guilt or innocence - preventative orders and counter-terrorism Control orders and preventative detention - why alarm is misguided Geoff McDonald PSM A judicial perspective - the making of preventative detention orders Justice Margaret White The constitutional validity of prevention detention James Renwick Part IV Human rights and terrorism: is a trade-off necessary? When are restrictions on speech justified in the war on terror? Katharine Gelber Torture: the fallacy of the 'ticking bomb' as justification Sarah Joseph Torture: what it is, will it work and can it be justified? Neil James Part V Australia's response compared Counter-terrorism law in New Zealand Alex Conte The United Kingdom's anti-terrorism laws: lessons for Australia Clive Walker Part VI The politics of Australia's terrorism debate Muslim communities: their voice in Australia's terrorism laws and policies Waleed Aly News media responsibilities in reporting on terrorism Tanja Dreher Part VII Terrorism and the rule of law Achieving security, respecting rights and maintaining the rule of law Andrew Lynch