Counter-terrorism laws and human rights

Book chapter


Zifcak, Spencer Michael. (2012). Counter-terrorism laws and human rights. In In Gerber, Paula and Castan, Melissa (Ed.). Contemporary perspectives on human rights law in Australia pp. 417-445 Thomson Reuters (Professional) Australia Pty Limited.
AuthorsZifcak, Spencer Michael
EditorsGerber, Paula and Castan, Melissa
Abstract

[Extract] The government moved rapidly to create a range of new terrorist offences and to outlaw organisations suspected of planning or engaging in terrorist activity. In doing so, however, it courted significant criticism for undermining certain rights and freedoms that had previously been regarded as fundamental to Australian democracy and the rule of law. In particular, the new laws appear to detract from the presumption of innocence, abandon the privilege against self-incrimination, provide for detention without trial and prejudice the right to fair trial, as well as several other incursions upon personal liberty and due process. There is no doubt that strong new laws were necessary. The question is whether the specific laws enacted are appropriate.

Page range417-445
Year2012
Book titleContemporary perspectives on human rights law in Australia
PublisherThomson Reuters (Professional) Australia Pty Limited
Place of publicationPyrmont, NSW
ISBN9780455229973
Web address (URL)https://ebookcentral.proquest.com/lib/acu/detail.action?docID=4985396
Research GroupThomas More Law School
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online12 Oct 2012
Print2012
Permalink -

https://acuresearchbank.acu.edu.au/item/883zx/counter-terrorism-laws-and-human-rights

Restricted files

Publisher's version

  • 118
    total views
  • 1
    total downloads
  • 2
    views this month
  • 0
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

Complaint resolution in government owned corporations and privatised utilities : Some legal and constitutional conundrums
Zifcak, Spencer Michael. (2017). Complaint resolution in government owned corporations and privatised utilities : Some legal and constitutional conundrums. In From Bureaucracy to Business Enterprise Legal and Policy Issues in the Transformation of Government Services pp. 173-190 Routledge. https://doi.org/10.4324/9781315195988-11
Western and Islamic conceptions of the rule of law
Zifcak, Spencer. (2016). Western and Islamic conceptions of the rule of law. In In Azra, Azyumardi and Hudson, Wayne (Ed.). Islam beyond conflict : Indonesian Islam and Western political theory pp. 31-40 Routledge. https://doi.org/10.4324/9781315251769-13
The responsibility to protect at the United Nations
Zifcak, Spencer Michael. (2015). The responsibility to protect at the United Nations. In In C Sampford, S Zifcak and D A Okur (Ed.). Rethinking International Law and Justice pp. 255 - 279 Ashgate Publishing Limited.
Rethinking international law and justice
Zifcak, Spencer Michael. (2015). Rethinking international law and justice. In In C Sampford, S Zifcak and D A Okur (Ed.). Rethinking International Law and Justice pp. 1 - 20 Ashgate Publishing Limited.
Missing in action: the Security Council and the responsibility to prevent mass atrocities in Central Africa
Zifcak, Spencer. (2015). Missing in action: the Security Council and the responsibility to prevent mass atrocities in Central Africa. In In V. Sancin (Ed.). Responsibility to Protect: Where Do We Stand Ten Years After? pp. 302 - 326 Institute for Innovation and Development of University of Ljubljana.
Falls the shadow : The responsibility to protect from theory to practice
Zifcak, Spencer. (2013). Falls the shadow : The responsibility to protect from theory to practice. In In C Sampford and R Thakur (Ed.). Responsibility to protect and sovereignty pp. 11 - 39 Ashgate Publishing. https://doi.org/10.4324/9781315605845
Human Rights : For and Against
Zifcak, Spencer and King, Alison. (2013). Human Rights : For and Against Australian Collaboration.
The Responsibility to Protect after Lybia and Syria
Zifcak, Spencer Michael. (2012). The Responsibility to Protect after Lybia and Syria. Melbourne Journal of International Law. 13(1), pp. 59 - 93.
The Emergence of Wikileaks: Openness, Secrecy and Democracy
Zifcak, Spencer. (2012). The Emergence of Wikileaks: Openness, Secrecy and Democracy. In In H. Sykes (Ed.). More or Less: Democracy & New Media pp. 123 - 143 Future Leaders.
The responsibility to protect
Zifcak, Spencer Michael. (2010). The responsibility to protect. In International Law pp. 504 - 527 Oxford University Press.
Towards a more just United Nations
Zifcak, Spencer Michael. (2010). Towards a more just United Nations. In Future Justice pp. 151 - 167 Future Leaders.
Combining community reconciliation and local justice: A modest proposal for reform
Zifcak, Spencer Michael. (2009). Combining community reconciliation and local justice: A modest proposal for reform. In Timor-Leste: Challenges for Justice and Human Rights in the Shadow of the Past pp. 551 - 574
United Nations reform: Heading north or south?
Zifcak, Spencer Michael. (2009). United Nations reform: Heading north or south Routledge.
Western and Islamic concepts of the rule of law
Zifcak, Spencer Michael. (2008). Western and Islamic concepts of the rule of law. In In A. Azara and W. Hudson (Ed.). Islam beyond Conflict: Indonesian Islam and Western Political Theory pp. 31 - 41 Ashgate Publishing Limited.
Evaluating the Community Reconciliation Process in the Truth and Reconciliation Commission of East Timor
Zifcak, Spencer. (2005). Evaluating the Community Reconciliation Process in the Truth and Reconciliation Commission of East Timor. Development Bulletin. 15(2), pp. 48 - 56.
Evaluating the community reconciliation process in the truth and reconciliation commission of East Timor
Zifcak, Spencer. (2005). Evaluating the community reconciliation process in the truth and reconciliation commission of East Timor. Development Bulletin. 15(2), pp. 48 - 56.
Globalizing the rule of law: Rethinking values and reforming institutions
Zifcak, Spencer Michael. (2005). Globalizing the rule of law: Rethinking values and reforming institutions. In In S. Zifcak (Ed.). Globalization and The Rule of Law pp. 32 - 65 Routledge.
Mr Ruddock goes to Geneva
Zifcak, Spencer Michael. (2004). Mr Ruddock goes to Geneva University of New South Wales Press.
Complaint resolution in government owned corporations and privatized utilities: Some constitutional and legal conundrums
Zifcak, Spencer Michael. (2003). Complaint resolution in government owned corporations and privatized utilities: Some constitutional and legal conundrums. In In M. J.Whincop (Ed.). From Bureaucracy to Business Enterprise Legal and Policy Issues in the Transformation of Government Services pp. 172 - 190 Ashgate Publishing Limited.
The independence and reform of the judiciary in Indonesia
Zifcak, Spencer Michael. (2002). The independence and reform of the judiciary in Indonesia. In In C. Sampford, S. Condolin and M. Palmer (Ed.). Asia Pacific Governance: From Crisis to Reform pp. 307 - 327 Aldershot.
Freedom of information: Back to basics
Zifcak, Spencer Michael. (2002). Freedom of information: Back to basics. In In R. Creyke and J. McMillan (Ed.). Administrative Law: The Essentials Australian Institute of Administrative Law.
Towards a reconciliation of legal and social work practice
Zifcak, Spencer Michael. (2002). Towards a reconciliation of legal and social work practice. In In P. Swain (Ed.). In the Shadow of the Law pp. 427 - 438 Federation Press, the.