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Title: Prevent, Detain, Control and Order?: Legislative Process and Executive Outcomes in Enacting the 'Anti-Terrorism Act (No 2) 2005' (Cth)
Contributor(s): Carne, Greg  (author)
Publication Date: 2007
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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 significantly 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 potential of promoting over time, fundamental and exponential changes to the qualities of the democratic relationship between the citizen and State.
Publication Type: Journal Article
Source of Publication: Flinders Journal of Law Reform, 10(1), p. 17-79
Publisher: Flinders University
Place of Publication: Adelaide, Australia
ISSN: 1325-3387
Field of Research (FOR): 180114 Human Rights Law
180108 Constitutional Law
180116 International Law (excl. International Trade Law)
Socio-Economic Outcome Codes: 940405 Law Reform
810107 National Security
940203 Political Systems
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
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Appears in Collections:Journal Article

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