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

Greg Carne

Research output: Contribution to journalArticle

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 significantl y 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 potent ial of promoting over time, fundamental and exponential changes to the qualities of the democratic relationship between the cit izen and State.
Original languageEnglish
Pages (from-to)17-79
JournalThe Flinders Journal of Law Reform
Volume10
Issue number1
Publication statusPublished - 2007

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