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

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Carne, G (2007) Prevent, Detain, Control and Order?: Legislative Process and Executive Outcomes in Enacting the Anti-Terrorism Act (No 2) 2005 (Cth). The Flinders Journal of Law Reform, 10 (1). pp. 17-79. ISSN 1325-3387

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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 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.

Item Type: Article
Journal or Publication Title: The Flinders Journal of Law Reform
Publisher: The Flinders Journal of Law Reform
Page Range: pp. 17-79
ISSN: 1325-3387
Date Deposited: 07 Apr 2008 14:03
Last Modified: 18 Nov 2014 03:32
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