Overview

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

Full Product Details

Author:   Andrew Lynch ,  Edwina MacDonald ,  George Williams
Publisher:   Federation Press
Imprint:   Federation Press
Dimensions:   Width: 15.50cm , Height: 1.50cm , Length: 23.30cm
Weight:   0.412kg
ISBN:  

9781862876743

ISBN 10:   1862876746
Pages:   240
Publication Date:   05 December 2007
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Out of stock  
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Table of Contents

Foreword - Sir Gerard Brennan Part I - Law's Role in the Response to Terrorism Law as a Preventative Weapon against Terrorism Philip RuddockLegality 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 Thought? 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 onTerrorism Robert Cornall Preparation for Terrorism: Catastrophic 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 Act in Practice 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 A Judicial Perspective - The Making of Preventative Detention Orders 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 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 Index

Reviews

The topics covered are broad, ranging from suppression of free speech to control orders and preventative detention. ...similarly, the contributors cover a broad spectrum, including barristers, politicians, judges, bureaucrats, academics and at least one former army interrogator. As is appropriate, the views of Australia's former chief law officer, Phillip Ruddock, are also presented. ...this collection provides an important grounding in the debates which will continue for a while to come. It will also be a necessary reminder when the specific events have been forgotten. - Andrew Field, Law Institute Journal of Victoria, December 2008

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