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

journal contribution
posted on 2010-09-01, 00:00 authored by Oscar RoosOscar Roos, Benjamin Hayward, John MorssJohn Morss
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.

History

Journal

University of Western Australia law review

Volume

35

Issue

1

Pagination

81 - 118

Publisher

University of Western Australia, Law School

Location

Crawley, W.A.

ISSN

0042-0328

Language

eng

Notes

Reproduced with the kind permission of the copyright owner.

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2010, The University of Western Australia

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