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Author: Andrew Lynch
Publisher: NewSouth
ISBN: 1742241956
Category : Law
Languages : en
Pages : 214
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Book Description
Over ten years after Australia’s first national laws were enacted to combat the threat of terrorism, yet more anti-terrorism laws were passed in the Australian Parliament in late 2014. The first laws were often introduced in great haste and were stunning in scope and number. The latest laws are similarly extensive and controversial. Yet again, powers and sanctions once thought to lie outside the rules of a liberal democracy except during wartime have become part of Australian law. Timely, piercing and in regard to the first set of laws, written with the benefit of hindsight, this book asks whether Australia really needed to enact anti-terrorism laws in the first place, let alone add to them? Do the new laws pose increased threats to freedom of speech and freedom of the press? Have these laws been effective in protecting the community, or do they represent a long-term threat to the health of Australian democracy? Which laws have proved their worth – and which have not? And what has been the impact of the laws in Australia’s anti-terrorism trials and on the Muslim community? Most tellingly, the book asks whether seeing these anti-terror laws as normal is a danger in itself.
Author: Andrew Lynch
Publisher: NewSouth
ISBN: 1742241956
Category : Law
Languages : en
Pages : 214
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Book Description
Over ten years after Australia’s first national laws were enacted to combat the threat of terrorism, yet more anti-terrorism laws were passed in the Australian Parliament in late 2014. The first laws were often introduced in great haste and were stunning in scope and number. The latest laws are similarly extensive and controversial. Yet again, powers and sanctions once thought to lie outside the rules of a liberal democracy except during wartime have become part of Australian law. Timely, piercing and in regard to the first set of laws, written with the benefit of hindsight, this book asks whether Australia really needed to enact anti-terrorism laws in the first place, let alone add to them? Do the new laws pose increased threats to freedom of speech and freedom of the press? Have these laws been effective in protecting the community, or do they represent a long-term threat to the health of Australian democracy? Which laws have proved their worth – and which have not? And what has been the impact of the laws in Australia’s anti-terrorism trials and on the Muslim community? Most tellingly, the book asks whether seeing these anti-terror laws as normal is a danger in itself.
Author: ANDREW LYNCH WILLIAMS (NICOLA MCGARRITY AND GEORGE.)
Publisher:
ISBN: 9781525208393
Category :
Languages : en
Pages :
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Book Description
Author: Andrew Lynch
Publisher: Federation Press
ISBN: 9781862876743
Category : Juvenile Nonfiction
Languages : en
Pages : 276
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Book Description
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
Author: Nicola McGarrity
Publisher:
ISBN: 0415571758
Category : Law
Languages : en
Pages : 243
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Book Description
This book considers the increasing trend towards a âe~culture of controlâe(tm) in democratic countries. The post-9/11 counter-terrorism laws in nations such as the USA, the UK, Canada and Australia provide a stark demonstration of this trend. These laws share a focus on the pre-emption of crime, restrictions on the right to liberty of non-suspects, limited public access to information, and increased community surveillance. The laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control. Distinctively, the contributors to this volume focus on the impact of these laws outside of the counter-terrorism context. The book draws together a range of experts in both public and criminal law, from Australia and overseas, to examine the effect of counter-terrorism laws on public institutions within democracies more broadly. Issues considered include changes to the role and functions of the courts, the expansion of executive discretion, the seepage of extraordinary powers and pre-emptive measures into other areas of the criminal law, and the interaction and overlap between intelligence and law enforcement agencies. Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 will be of interest to students and scholars of criminal law, criminology, comparative criminal justice, terrorism and national security, public law, human rights, governance and public policy.
Author: Antje Deckert
Publisher: Springer
ISBN: 3319557475
Category : Social Science
Languages : en
Pages : 911
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Book Description
This handbook engages key debates in Australian and New Zealand criminology over the last 50 years. In six sections, containing 56 original chapters, leading researchers and practitioners investigate topics such as the history of criminology; crime and justice data; law reform; gangs; youth crime; violent, white collar and rural crime; cybercrime; terrorism; sentencing; Indigenous courts; child witnesses and children of prisoners; police complaints processes; gun laws; alcohol policies; and criminal profiling. Key sections highlight criminological theory and, crucially, Indigenous issues and perspectives on criminal justice. Contributors examine the implications of past and current trends in official data collection, crime policy, and academic investigation to build up an understanding of under-researched and emerging problem areas for future research. An authoritative and comprehensive text, this handbook constitutes a long-awaited and necessary resource for dedicated academics, public policy analysts, and university students.
Author: Jessie Blackbourn
Publisher: Routledge
ISBN: 1351605437
Category : Law
Languages : en
Pages : 105
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Book Description
Jessie Blackbourn is a research fellow at the Centre for Socio-Legal Studies at the University of Oxford, UK. Deniz Kayis is currently the Associate for Chief Justice Allsop AO of the Federal Court of Australia. Nicola McGarrity is a senior lecturer and the Director of the Terrorism Law Reform Project at the University of New South Wales, Australia.
Author: Anne Imobersteg Harvey
Publisher: BRILL
ISBN: 9004359109
Category : Law
Languages : en
Pages : 287
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Book Description
The book provides one of the first accounts of AML/CFT legislation in Australia, sets the international policy context, and outlines key international legal obligations. It assesses its effectiveness and its contribution to the erosion of democracy.
Author: Andrew Lynch
Publisher: UNSW Press
ISBN: 9780868409092
Category : History
Languages : en
Pages : 92
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Book Description
Provides a clear and accessible guide to the major components of Australia's anti-terrorism laws and their effects. Shows what constitutes a crime of terrorism in Australia, and what happens when the authorities seek a control order or an order of preventative detention over an individual.
Author: Johannes Krebs
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In the recent fight against terrorism Western liberal democracies have significantly expanded pre-emptive measures, such as inchoate and preparatory offences or control orders. As these measures rely increasingly on the use of sensitive information, their application poses a dilemma. On the one hand, sensitive information may be necessary as evidence in an open court to justify the coercive measure or demonstrate the innocence of the suspect. On the other hand, states are reluctant to disclose such information where there is a risk to national security, preferring either to supress the information or to use it in secret. Such practices, however, may seriously violate the principle of fairness - and its attached individual right to a fair trial - a principle sitting not only at the core of the criminal justice system, but also forming part of the rule of law and democracy itself. The thesis poses the questions of what limitations are acceptable to the right to a fair trial, and what safeguards are necessary when states allow the suppression or use of sensitive information in criminal and related proceedings. The thesis is therefore concerned with finding an appropriate judicial methodology for addressing the dilemma in court. It argues that without a proper process (often generally described as balancing), minimum standards of fairness are more likely to be lowered due to security pressures. Principles, however, which emphasise the right to a fair trial and require justifications for any limitation in the interest of national security are capable of retaining higher standards. Hence the thesis suggests that while what is fair must be decided in the particular circumstances, what needs to be taken into consideration in order to achieve fairness can be defined. By comparing the case law from Australia and the United Kingdom, the thesis then offers an in-depths analyses of various degrees of balancing and principles when dealing with sensitive information, as well as the dynamics and interaction that accompany the two approaches between the branches of government. The two countries are particularly suitable for such an enquiry as they share a legal heritage, but have diverged increasingly over the last decades in how to protect human rights. While the thesis generally favours a principled approach as now predominantly applied in the UK, it does not simply propose a legal transplant for Australia, which so far has rejected any legislation including principles. Rather the comparison points out the reasons why Australian judges behave differently and challenges the Australian Parliament to amend the relevant legislation in accordance with its own values in order to retain high standards of fair trial protection in proceedings dealing with sensitive information.
Author: Téwodros Workneh
Publisher: Rowman & Littlefield
ISBN: 1793622175
Category : Political Science
Languages : en
Pages : 409
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Book Description
As nations have aggressively implemented a wide range of mechanisms to proactively curb potential threats terrorism, Counter-Terrorism Laws and Freedom of Expression: Global Perspectives offers critical insight into how counter-terrorism laws have adversely affected journalism practice, digital citizenship, privacy, online activism, and other forms of expression. While governments assert the need for such laws to protect national security, critics argue counter-terrorism laws are prone to be misappropriated by state actors who use such laws to quash political dissent, target journalists, and restrict other forms of citizen expression. The book is divided into three parts. Part I deals with the politics and discourse of counter-terrorism laws. Part II focuses on the ways counter-terrorism laws have impacted journalistic practice in different countries, with effects ranging from imprisonment of reporters to self-censorship. Part III addresses how counter-terrorism laws have been used to target everyday citizens, social media activists, whistleblowers, and human rights advocates around the world. Together, the chapters address how counter-terrorism laws have undermined democratic values in both authoritarian and liberal political contexts. Scholars of political science, communication, and legal studies will find this book particularly interesting.
