National Security Law and Human Rights - LAWS3195

Description

Recommended Prior Knowledge

Course Objectives

• 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

Course Texts

• Andrew Lynch & George Williams, What Price Security? Taking Stock of Australia’s Anti-Terrorism Laws, UNSW Press, Sydney 2006; and
• Reading Materials available at the UNSW bookshop.

• David Dyzenhaus, The Constitution of Law – Legality in a Time of Emergency, Cambridge University Press, Cambridge, 2006;
• Mriam Gani and Penelope Mathew (eds), Fresh Perspectives on the ‘War on Terror’ , ANU E-Press, Canberra, 2008;
• Conor Gearty, Can Human Rights Survive?, Cambridge University Press, Cambridge, 2006;
• Benjamin J Goold & Liora Lazarus (eds), Security and Human Rights, Hart Publishing, Oxford, 2007;
• Ian Loader and Neil Walker, Civilizing Security, Cambridge University Press, Cambridge, 2007;
• Andrew Lynch, Edwina MacDonald & George Williams (eds), Law & Liberty in the War on Terror, Federation Press, Sydney, 2007;
• Victor V Ramraj, Michael YM Hor & Kent Roach, Global Anti-Terrorism Law and Policy, Cambridge University Press, Cambridge, 2005;
• Ben Saul, Defining Terrorism in International Law, Oxford University Press, Oxford, 2006;
• Richard Ashby Wilson (ed), Human Rights in the ‘War on Terror’, Cambridge University Press, Cambridge, 2005.

Resources