Law and Liberty in the War on Terror

Law and Liberty in the War on Terror

Author: Andrew Lynch

Publisher: Federation Press

Published: 2007

Total Pages: 276

ISBN-13: 9781862876743

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How can we ensure national security against people unafraid to kill themselves along with their victims - people who, self-evidently, will not be deterred by traditional laws which punish offenders after their crimes are committed. This is the challenge for liberal democracies such as Australia. New laws specifically designed to forestall terrorist activity have been a key response. Law and Liberty in the War on Terror describes these laws and debates both their effectiveness and impact on civil liberties. International and domestic commentators from the fields of government, law and political science address questions such as: How does the law define 'terrorism'? Can the criminal justice system accommodate preparatory terrorism offences? Is torture ever acceptable as an interrogative method? What is the role of the judiciary in times of emergency? How do Australia's anti-terrorism laws compare with those of the United Kingdom and New Zealand? How are Australian communities and politics affected by responses to terrorism?"[I] n this book, proponents of the new anti-terrorism laws seek to justify their provisions and opponents argue that the laws go too far. These chapters also show the extent of the changes that have been made to our legal and administrative structures. ... The chapters in this book cannot be dismissed as mere academic analyses. They have to do with the lives and aspirations of all Australians. They ask whether Australia is, and whether it will be, a united, secure, free and confident nation." - Sir Gerard Brennan AC KBE, former Chief Justice of Australia


Fresh Perspectives on the 'War on Terror'

Fresh Perspectives on the 'War on Terror'

Author: Miriam Gani

Publisher: ANU E Press

Published: 2008-07-01

Total Pages: 440

ISBN-13: 1921313749

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On 20 September 2001, in an address to a Joint Session of Congress and the American people, President George W Bush declared a 'war on terror'. The concept of the 'war on terror' has proven to be both an attractive and a potent rhetorical device. It has been adopted and elaborated upon by political leaders around the world, particularly in the context of military action in Afghanistan and Iraq. But use of the rhetoric has not been confined to the military context. The 'war on terror' is a domestic one, also, and the phrase has been used to account for broad criminal legislation, sweeping agency powers and potential human rights abuses throughout much of the world. This collection seeks both to draw on and to engage critically with the metaphor of war in the context of terrorism. It brings together a group of experts from Australia, Canada, the United Kingdom, France and Germany who write about terrorism from a variety of disciplinary perspectives including international law and international relations, public and constitutional law, criminal law and criminology, legal theory, and psychology and law.


Counter-Terrorism and Beyond

Counter-Terrorism and Beyond

Author: Andrew Lynch

Publisher: Routledge

Published: 2010-06-10

Total Pages: 550

ISBN-13: 1136958541

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This book considers the increasing trend towards a ‘culture of control’ in democratic countries. The post-9/11 counter-terrorism laws in nations such as the USA, the UK, Canada and Australia provide a stark demonstration of this trend. These laws share a focus on the pre-emption of crime, restrictions on the right to liberty of non-suspects, limited public access to information, and increased community surveillance. The laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control. Distinctively, the contributors to this volume focus on the impact of these laws outside of the counter-terrorism context. The book draws together a range of experts in both public and criminal law, from Australia and overseas, to examine the effect of counter-terrorism laws on public institutions within democracies more broadly. Issues considered include changes to the role and functions of the courts, the expansion of executive discretion, the seepage of extraordinary powers and pre-emptive measures into other areas of the criminal law, and the interaction and overlap between intelligence and law enforcement agencies. Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 will be of interest to students and scholars of criminal law, criminology, comparative criminal justice, terrorism and national security, public law, human rights, governance and public policy.


Security and the War on Terror

Security and the War on Terror

Author: Alex J. Bellamy

Publisher: Routledge

Published: 2007-11-09

Total Pages: 287

ISBN-13: 1134205414

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The terrorist attacks of 11 September 2001 marked a turning point in international politics, representing a new type of threat that could not easily be anticipated or prevented through state-based structures of security alone. Opening up interdisciplinary conversations between strategic, economic, ethical and legal approaches to global terrorism, this edited book recognises a fundamental issue: while major crises initially tend to reinforce old thinking and behavioural patterns, they also allow societies to challenge and overcome entrenched habits, thereby creating the foundations for a new and perhaps more peaceful future. This volume addresses the issues that are at stake in this dual process of political closure, and therefore rethinks how states can respond to terrorist threats. The contributors range from leading conceptual theorists to policy-oriented analysts, from senior academics to junior researchers. The book explores how terrorism has had a profound impact on how security is being understood and implemented, and uses a range of hitherto neglected sources of insight, such as those between political, economic, legal and ethical factors, to examine the nature and meaning of security in a rapidly changing world.


Australian Security After 9/11

Australian Security After 9/11

Author: Derek McDougall

Publisher: Routledge

Published: 2020-07-24

Total Pages: 221

ISBN-13: 1000152324

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Debates on security became more intense following the unanticipated end of the Cold War conflict and took on added force after the terrorist attacks on the US on September 11, 2001. Generally viewed as a part of the wider 'West' despite its separation by enormous geographical distances from both Europe and the United States, Australia is a regional power in its own right. It has been an active and loyal member of the US-led coalitions of the willing, first in Afghanistan and then in Iraq. The terrorist attacks in Bali one year after the attacks in the United States brought home to Australia the direct nature of the new global terrorist threats to its own security. This volume brings together leading experts on international security and Australia's foreign and security policies in a critical examination of Australia's adaptations to the new security challenges. It is the first in-depth and comprehensive analysis of Australia's defence and security policies as well as the country's role in countering regional and global challenges to international security since the war on terrorism began.


What Price Security?

What Price Security?

Author: Andrew Lynch

Publisher: UNSW Press

Published: 2006

Total Pages: 92

ISBN-13: 9780868409092

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Provides a clear and accessible guide to the major components of Australia's anti-terrorism laws and their effects. Shows what constitutes a crime of terrorism in Australia, and what happens when the authorities seek a control order or an order of preventative detention over an individual.


Australia's 'war on terror' Discourse

Australia's 'war on terror' Discourse

Author: Dr Kathleen Gleeson

Publisher: Ashgate Publishing, Ltd.

Published: 2014-07-28

Total Pages: 287

ISBN-13: 1472419871

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Too often, existing literature has conflated the discourses that enabled the 'War on Terror', ignoring the contextual specificities of the states that make up the ‘Coalition of the Willing’. Australia's 'war on terror' Discourse fills this gap by providing a full and sustained critical analysis of Australian foreign policy discourse along with the theoretical synthesis for a specific model of critical discourse analysis of the subject. The language of then Prime Minister Howard is the primary focus of the book but attention is also paid to the language of key ministers, political opponents and other prominent actors. The voices of those who challenged the dominant discourse are also considered to shed light on the ways in which discourses can be destabilised. Kathleen Gleeson shows how Howard successfully invoked narratives of identity and sovereignty that resonated with his audience and promoted his reworked narrative of Australia whilst facing dissent from many actors who voiced their opposition most successfully when they capitalised on inconsistencies within the discourse.


In the Name of Security Secrecy, Surveillance and Journalism

In the Name of Security Secrecy, Surveillance and Journalism

Author: Johan Lidberg

Publisher: Anthem Press

Published: 2018-05-15

Total Pages: 181

ISBN-13: 1783087714

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The terrorist attacks on the World Trade Center in New York on 11 September 2001 saw the start of the so-called war on terror. The aim of ‘In the Name of Security – Secrecy, Surveillance and Journalism’ is to assess the impact of surveillance and other security measures on in-depth public interest journalism. How has the global fear-driven security paradigm sparked by 11 September affected journalism? At the core of the book sits what the authors have labeled the ‘trust us dilemma’. Governments justify passing, at times, oppressive and far-reaching anti-terror laws to keep citizens safe from terror. By doing so governments are asking the public to trust their good intentions and the integrity of the security agencies. But how can the public decide to trust the government and its agencies if it does not have access to information on which to base its decision? ‘In the Name of Security – Secrecy, Surveillance and Journalism’ takes an internationally comparative approach using case studies from the powerful intelligence-sharing group known as the Five Eyes consisting of the US, Canada, the UK, Australia and New Zealand. Chapters assessing a selection of EU countries and some of the BRICS countries provide additional and important points of comparison to the English-speaking countries that make up the Five Eyes.


Spooked

Spooked

Author: Daniel Baldino

Publisher: NewSouth

Published: 2013-11-01

Total Pages: 327

ISBN-13: 1742241638

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Terrorist acts, most notably 9/11 and the Bali bombings, transformed our attitudes to the secretive world of intelligence, surveillance and security. In this book a prominent group of writers including Michael Mori, Ben Saul, Anne Aly and Peter Leahy lay bare the facts about spying and security in post-9/11 Australia. Their compelling book cuts through panic and fear-mongering to ask hard questions: Is ASIO unaccountable? Is the money we spend on security worth it? Is cyber-terrorism an urgent threat? Are our spies up to the job, and how do we know anyway as we only hear about their failures? Is WikiLeaks good for human rights? Are we trading our privacy for a false sense of security? Spooked untangles the half-truths, conspiracy theories and controversies about the ‘war on terror’, and is a welcome antidote to misinformation and alarm.