Comments

This paper is published at Griffith Law Review (2012), Vol. 21(1), pp.209-244.This paper may also be referenced as [2012] UNSWLRS 52.

Abstract

This article examines the rise of prevention in Australiaʼs legal response to terrorism in the decade following September 11, 2001. In particular, it explores the question of how to understand and situate preventive anti-terror laws within the Australian legal system. It will be argued that the imperative of prevention in anti-terror law can be understood as part of a broader shift in emphasis in governance, rather than as an isolated response to the threat of transnational terrorism. Adopting the conceptual model of the preventive state, and analysing law and governance therein, provides an opportunity for robust analysis from which insights may be drawn about the broader implications of this shift.

Disciplines

Human Rights Law | Public Law and Legal Theory

Date of this Version

10-30-2012