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Alarmed, but not alert in the 'war on terror'? The High Court, Thomas V Mowbray and the Defence Power

journal contribution
posted on 2023-10-26, 04:24 authored by Oscar RoosOscar Roos
The article examines the judgment in Thomas v. Mowbray by the High Court in Australia handed down during the so called 'War on Terror'. According to the author, (i) the High Court de-emphasized the importance of the difference between war and peace in fixing the scope of the defence power in the Australian Constitution in a manner which was inconsistent with its earlier celebrated decision in the Communist Party Case in 1950 during the Cold War; and (ii) failed to apply a sufficiently rigorous test of proportionality in characterising the impugned Commonwealth laws. The article discuss the legal background and social implications of the High Court's decision, using the Communist Party Case in 1950 as a point of comparison.

History

Alternative title

Alarmed, but not alert in the "war on terror"? The High Court, Thomas V Mowbray and the Defence Power

Journal

James Cook University Law Review

Volume

15

Pagination

169-200

Location

Townsville, Qld.

ISSN

1321-1072

eISSN

1839-2792

Language

eng

Notes

Reproduced with the kind permission of the copyright owner.

Publication classification

C1 Refereed article in a scholarly journal, C Journal article

Copyright notice

2008, James Cook University Law Review

Issue

2008

Publisher

James Cook University