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Course

National Security Law and Human Rights - JURD7495

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 4

Enrolment Requirements:

Co-requisite: LAWS2150 Federal Constitution; JURD7250 Federal Constitution.

Excluded: LAWS3195

CSS Contribution Charge: 1 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This subject aims to introduce students to the fundamentals of Australian anti-terrorism law and situate that in a theoretical and comparative context. Students will acquire specific knowledge about particular aspects of the legislative counter-terrorism framework arrived at by the Commonwealth with the agreement of States and self-governing Territories. In doing so, students will also gain an understanding of how these reflect or are discordant with the theoretical arguments around the securing of the state and the preservation of important civil liberties such as freedom of movement, association and speech. The role of the judiciary and legislature as checks upon executive overreach in responding to the threat of terrorism is also a theme throughout the course.

Recommended Prior Knowledge

This course has a significant relationship to several compulsory and elective courses in the undergraduate and graduate program. It builds upon and requires students to apply knowledge gained in the compulsory courses of JURD 7101, 7111, 7140, 7250, and 7160. Students who have completed electives in human rights, immigration law or international law may also discern clear connections between those courses and the material under consideration here.

Course Objectives

At the completion of this course, students will have developed an understanding of:
  • the nature and main features of the Commonwealth's anti-terrorism legislative framework;
  • the process by which Australia's terrorism laws have been enacted and reviewed;
  • the influence of international law and overseas jurisdictions upon the development of specific legislative proposals;
  • the impact of the Australian laws upon fundamental liberties such as movement, association and speech as well as the criminal justice process;
  • the main theoretical arguments as to the relationship between achieving national security and preserving individual rights; the effectiveness of the laws in practice, through consideration of government and independent reviews and also their application by the courts; and
  • the role of the legal profession and community groups in public debate over legal policy in this area.

Main Topics

  • Setting the Scene: The International Community Responds to September 11
  • Security and Rights - Beyond Balance?
  • The Commonwealth's Legislative Power and the Modern Threat of Terrorism
  • Overview of the Four Phases of Terrorism Law-making in Australia
  • Defining 'Terrorism' - The Impossible Challenge?
  • The Power of ASIO to Monitor, Question and Detain - Rights and Processes
  • New Criminal Offences - Part 5.3 of the Commonwealth Criminal Code
  • What is a 'terrorist organisation'? The power of proscription
  • The Terrorism Offences and the Scope of Criminal Responsibility
  • Prosecuting Terrorists - the National Security Information Act and Judicial Process
  • The National Security Information Act and Freedom of Speech
  • Sedition and Other Restrictions on 'Terrorist' Materials
  • The Constitutionality of Speech Restrictions for National Security
  • Preventative Detention - History, Policy and Theory
  • Preventative Detention - Substance and Legality
  • Control Orders - Their United Kingdom Origins
  • Control Orders in Australia - Their Form and Implications
  • The Constitutionality of Control Orders and Preventative Justice in the High Court
  • The Future for Australian Anti-Terrorism Law - Content and Process

Assessment

Research paper - 70%
Student Presentation - 10%
Class Participation - 20%

Blooming Flowers

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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