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Beyond the separation of powers : judicial review and the regulatory proscription of terrorist organisations

Roos, Oscar, Hayward, Benjamin and Morss, John 2010, Beyond the separation of powers : judicial review and the regulatory proscription of terrorist organisations, University of Western Australia law review, vol. 35, no. 1, pp. 81-118.

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Title Beyond the separation of powers : judicial review and the regulatory proscription of terrorist organisations
Author(s) Roos, Oscar
Hayward, Benjamin
Morss, John
Journal name University of Western Australia law review
Volume number 35
Issue number 1
Start page 81
End page 118
Total pages 38
Publisher University of Western Australia, Law School
Place of publication Crawley, W.A.
Publication date 2010-09
ISSN 0042-0328
Summary Administrative law remains the key defence against an over-zealous executive arm of government, but administrative law needs to be understood in an international context. Perhaps nowhere is this more apparent than in relation to legislation designed to counter terrorist activities. The co-ordination of terrorist activities knows no borders, and state-centered executive action designed to address the threat of terrorism necessarily operates in a broader global environment. An important but controversial part of Australia's counter-terrorism legislation suite is the power to proscribe terrorist organisations. The authors contend that the scope of judicial review available in relation to decisions of the Commonwealth executive to proscribe terrorist organisations is inadequate and may jeapordise Australia's compliance with international standards, such as those provided in the International Covenant on Civil and Political Rights. Now is an opportune time to reassess the structure and operation of the power to proscribe organisations in Australia.
Notes Reproduced with the kind permission of the copyright owner.
Language eng
Field of Research 180103 Administrative Law
Socio Economic Objective 940403 Criminal Justice
HERDC Research category C1 Refereed article in a scholarly journal
HERDC collection year 2010
Copyright notice ©2010, The University of Western Australia
Persistent URL http://hdl.handle.net/10536/DRO/DU:30031363

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