Wednesday, October 26, 2005

Analyses

The following are articles by specialists that go into some detail about the already-existing legislation, listed here from brevity to complexity in descending order:

Secrecy, Silence and State Terror, by Joo-Cheong Tham and Jude McCulloch

(A very comprehensible 2 pages: The government's 'anti-terrorist' laws promote fear and secrecy as they undermine democracy ... [headings:] The Secrecy Provisions and Free Speech - Implicitly Sanctioning Lawlessness - Secrecy, Silence, Punitive Detention and Exacerbating the Risk of Torture - Managing and Suppressing 'Security' Information: Securing the Nation or Political Self-Interest?)

Protecting Democracy by Preserving Justice: 'Even for the Feared and Hated', by Jenny Hocking

(More detail, traces development of post-September 11 security powers)

Casualties of the Domestic 'War on Terror': A Review of Recent Counter-Terrorism Laws, by Joo-Cheong Tham

(Outline of the legislation - Casualties: Passing Laws with Indecent Haste; Misrepresentations; Stifling and Controlling Public Discussion; Implicitly Sanctioning Lawlessness by ASIO; Conferring Arbitrary Executive Power; Undermining Efforts to Prevent Extreme Acts of Ideological and Religious Violence)

Australian Intelligence Organisations and the Law: A Brief History, by Frank Cain

See especially part 6, 'ASIO's conversion into a secret police force'

Possible Constitutional Objections to the Powers to Ban 'Terrorist' Organisations, by Joo-Cheong Tham

Technical

Brigitte and the French Connection: Security Carte Blanche or A la Carte?, by Greg Carne

("The October 2003 deportation of Willy Brigitte highlights the political uses of recently conferred and controversial counter-terrorism detention and questioning laws. This article explores the executive contention upon a comparison with the French system, Australian detention and questioning powers require significant expansion. Executive usages of the Brigitte incident in response to terrorism display alarming trends steadily eroding rule of law principles and undermining the institutions and practices of Australian democracy.")

A collection of information on the topic 'Terrorism', provided by the Legal Information Access Centre.

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