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Review Of Division 3 Of Part Iii Of The Australian Security Intelligence Organisation Act 1979
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Book Synopsis Inside Australia's Anti-Terrorism Laws and Trials by : Andrew Lynch
Download or read book Inside Australia's Anti-Terrorism Laws and Trials written by Andrew Lynch and published by NewSouth. This book was released on 2015-03-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :Parliamentary Joint Committee on Intelligence and Security Publisher : ISBN 13 :9781760926427 Total Pages :0 pages Book Rating :4.9/5 (264 download)
Book Synopsis Review of Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 by : Parliamentary Joint Committee on Intelligence and Security
Download or read book Review of Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 written by Parliamentary Joint Committee on Intelligence and Security and published by . This book was released on 2024-09-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parliamentary Joint Committee on Intelligence and Security
Book Synopsis Militant Democracy by : Svetlana Tyulkina
Download or read book Militant Democracy written by Svetlana Tyulkina and published by Routledge. This book was released on 2015-02-11 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term ‘militant democracy’ was coined by Karl Loewenstein in the 1930s. He argued that attempts to establish democracy in the Weimar Republic failed due to the lack of militancy against subversive movements. The concept of militant democracy was introduced to legal scholarship and constitutional practice so as to provide democracy with legal means to defend itself against the range of possible activities of non-democratic political actors. This book offers a broad comparative look at the legal concept of militant democracy. It analyses both theoretical and substantive aspects of this concept, investigating its practice in a number of countries and on a diverse array of issues. Examining cases in Australia, Turkey, Spain, Germany, Israel, India, the USA, and the Council of Europe, Svetlana Tyulkina maps the historical development of militant democracy in constitutional theory and explores its interaction with various traditional and contemporary notions of democracy. The book analyses the possibilities and pitfalls of the concept of militant democracy when applied to protect democracy when it is under threat of harm or destruction by undemocratic actors, and suggests possible solutions and measures to overcome those dangers. In its evaluation of the capacity and justification for democracies to apply militant democracy measures, this book will be of great use and interest to students and scholars of public comparative constitutional law, international law, human rights law, and comparative politics.
Book Synopsis Stamping Out Rights by : Tessa Boyd-Caine
Download or read book Stamping Out Rights written by Tessa Boyd-Caine and published by CHRI. This book was released on 2007 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judiciaries in Comparative Perspective by : H. P. Lee
Download or read book Judiciaries in Comparative Perspective written by H. P. Lee and published by Cambridge University Press. This book was released on 2011-08-11 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.
Download or read book Spooked written by Daniel Baldino and published by NewSouth. This book was released on 2013-11-01 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorist acts, most notably 9/11 and the Bali bombings, transformed our attitudes to the secretive world of intelligence, surveillance and security. In this book a prominent group of writers including Michael Mori, Ben Saul, Anne Aly and Peter Leahy lay bare the facts about spying and security in post-9/11 Australia. Their compelling book cuts through panic and fear-mongering to ask hard questions: Is ASIO unaccountable? Is the money we spend on security worth it? Is cyber-terrorism an urgent threat? Are our spies up to the job, and how do we know anyway as we only hear about their failures? Is WikiLeaks good for human rights? Are we trading our privacy for a false sense of security? Spooked untangles the half-truths, conspiracy theories and controversies about the ‘war on terror’, and is a welcome antidote to misinformation and alarm.
Book Synopsis Monash University Law Review by : Monash University. Faculty of Law
Download or read book Monash University Law Review written by Monash University. Faculty of Law and published by . This book was released on 2006 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Offences Against the State Act 1939 at 80 by : Mark Coen
Download or read book The Offences Against the State Act 1939 at 80 written by Mark Coen and published by Bloomsbury Publishing. This book was released on 2021-03-11 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely edited collection brings together experts in the fields of legal history, criminal justice, human rights and counter-terrorism law to appraise Ireland's Offences Against the State Act on the eightieth anniversary of its enactment. The origins, development, invocation and extension of the powers contained in the legislation are analysed and critiqued using a broad range of methodologies. The book engages fully with the 1939 Act's scope and complexity including consideration of the impact of the Act on issues as diverse as trial by jury, paramilitary organisations, organised crime, disclosure, the rules of evidence, freedom of expression and association, parliamentary oversight of legislation and adherence to international human rights norms. In addition, the interplay of the Act with the universal themes of normalcy, exceptionalism, contagion and due process are explored throughout. This book will appeal to an audience beyond those with a particular interest in the Act itself. It combines historical and contemporary insights with theoretical and practical perspectives that will enrich the reader's understanding of emergency law, wherever it arises.
Book Synopsis Human Rights in the Prevention and Punishment of Terrorism by : Alex Conte
Download or read book Human Rights in the Prevention and Punishment of Terrorism written by Alex Conte and published by Springer Science & Business Media. This book was released on 2010-07-03 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this work is to provide an analysis of the legislative approaches to counter-terrorism and human rights in Australia, Canada, New Zealand and the United Kingdom. The text is aimed at lawyers and practitioners within and outside common law nations. Although the text analyses the subject within the four jurisdictions named, many parts of the book will be of interest and relevance to those from outside those jurisdictions. Considerable weight is placed on inter- tional obligations and directions, with a unique and hopefully useful feature of the text being the inclusion and consideration of a handbook written by me on human rights compliance when countering terrorism (set out in Appendix 4 and considered in Chap. 13). A signi?cant part of the research undertaken for this work was as a result of my being awarded the International Research Fellowship, Te Karahipi Rangahau a Taiao, an annual fellowship generously funded by the New Zealand Law Foun- tion. The New Zealand Law Foundation is an independent trust and registered charitable entity under the Charities Act 2005 (NZ). This project would not have been possible without the Law Foundation’s award, which allowed me to undertake research and associated work over reasonably lengthy periods of time in Australia, Canada, Israel, England, Austria, Switzerland and Finland. It is not just the g- graphical location of this work that was made possible, however.
Download or read book Criminal Code Act written by Australia and published by Aegitas. This book was released on 2015-06-27 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Act may be cited as the Criminal Code Act 1995. Subject to subsection, this Act commences on a day to be fixed by Proclamation. If this Act does not commence under within the period of 5 years beginning on the day on which this. Act receives the Royal Assent, it commences on the first day after the end of that period. The Criminal Code extends to every external Territory. Unless the contrary intention appears, an installation (within the meaning of the Customs Act 1901) that is deemed by section 5C of the Customs Act 1901 to be part of Australia is also taken to be part of Australia for the purposes of the Criminal Code. Definitions in the Code of expressions used in the Code apply to its construction except insofar as the context or subject matter otherwise indicates or requires.
Book Synopsis Free Speech after 9/11 by : Katharine Gelber
Download or read book Free Speech after 9/11 written by Katharine Gelber and published by Oxford University Press. This book was released on 2016-04-15 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there has been a lot written about how counter-terrorism laws impact on human rights and civil liberties, most of this work has focussed on the most obvious or egregious kinds of human rights abrogation, such as extended detention, torture, and extraordinary rendition. Far less has been written about the complex ways in which Western governments have placed new and far-reaching limitations on freedom of speech in this context since 9/11. This book compares three liberal democracies - the United States, the United Kingdom and Australia, in particular showing the commonalities and similarities in what has occurred in each country, and the changes in the appropriate parameters of freedom of speech in the counter-terrorism context since 9/11, achieved both in policy change and the justification for that change. In all three countries much speech has been criminalized in ways that were considered anachronistic, or inappropriate, in comparable policy areas prior to 9/11. This is particularly interesting because other works have suggested that the United States' unique protection of freedom of speech in the First Amendment has prevented speech being limited in that country in ways that have been pursued in others. This book shows that this kind of argument misses the detail of the policy change that has occurred, and privileges a textual reading over a more comprehensive policy-based understanding of the changes that have occurred. The author argues that we are now living a new-normal for freedom of speech, within which restrictions on speech that once would have been considered aberrant, overreaching, and impermissible are now considered ordinary, necessary, and justified as long as they occur in the counter-terrorism context. This change is persistent, and it has far reaching implications for the future of this foundational freedom.
Book Synopsis The Australian Year Book of International Law by :
Download or read book The Australian Year Book of International Law written by and published by . This book was released on 2008 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Counter-terrorism, Constitutionalism and Miscarriages of Justice by : Genevieve Lennon
Download or read book Counter-terrorism, Constitutionalism and Miscarriages of Justice written by Genevieve Lennon and published by Bloomsbury Publishing. This book was released on 2018-11-01 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to honour the influential and wide-ranging work of Professor Clive Walker. It explores Professor Walker's influence from three perspectives. Firstly, it provides a historical reflection upon the development of the law and policy in relation to counter-terrorism and miscarriages of justice since the 1970s. This historical perspective, which is often overlooked, is particularly timely 17 years after 9/11 as trends become clearer and historical perspective even more valuable. So too with miscarriages of justice: while there was considerable public and political scrutiny following high-profile miscarriages such as the Birmingham Six, Guildford Four, and others, in the early 1990s, today there is much less scrutiny, despite significant concern relating to issues such as legal aid and access to justice increasing the potential (if not likelihood) for miscarriages to occur. By including a critical historical perspective, this book enables us to learn lessons from the past and to minimise contemporary risks of miscarriages of justice. Secondly, this book provides a critical analysis of the law and policy as it stands today, and its future trajectory. Applying Walker's theoretical and analytical contributions to the field, the authors focus on pressing contemporary concerns, identifying lacunae where relevant, as well as the possible, probable and preferable future trends. Finally, the book celebrates and recognises the significant contributions by Walker, with each chapter built around one or more of Walker's key works.
Book Synopsis Regulating Preventive Justice by : Tamara Tulich
Download or read book Regulating Preventive Justice written by Tamara Tulich and published by Taylor & Francis. This book was released on 2017-01-20 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the rule of law, procedural fairness and human rights. While these are not new questions for legal scholars, they have been brought into sharper relief in policy and academic circles in the wake of the September 11 terrorist attacks. Over the past 15 years, a body of legal scholarship has tracked the intensified preventive focus of anti-terrorism law and policy, observing how this focus has impacted negatively upon traditional legal frameworks. However, preventive law and policy in other contexts, such as environmental protection, mental health, immigration and corruption has not received sustained focus. This book extends that body of scholarship, through use of case studies from these diverse regulatory settings, in order to examine and critique the principles, policies and paradoxes of preventive justice. "Whereas earlier scholars looked upon preventive justice as a source and means of regulation, the powerfully argued contributions to this volume provide forceful reasons to consider whether we would do better talk about regulating preventive justice." Professor Lucia Zedner, Oxford University
Book Synopsis The University of New South Wales Law Journal by :
Download or read book The University of New South Wales Law Journal written by and published by . This book was released on 2003 with total page 968 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Institute Journal written by and published by . This book was released on 2005 with total page 1266 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Parliamentary Debates (Hansard). by : Australia. Parliament. House of Representatives
Download or read book Parliamentary Debates (Hansard). written by Australia. Parliament. House of Representatives and published by . This book was released on 2006 with total page 1372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
