Description |
1 online resource (303 pages) |
Contents |
Intro -- Foreword -- Preface -- Acknowledgements -- Contents -- List of Acronyms and Abbreviations -- List of Tables -- Part I: Parliamentary Committees and Rights Protection in Australia -- Chapter 1: Introduction -- 1.1 Why Study Parliamentary Committees? -- 1.1.1 Why Is This Research Unique? -- 1.1.2 Why Use Counter-Terrorism Law as a Case Study? -- 1.1.3 What 'Rights' Are Considered? -- 1.2 Parliamentary Committees and Rights Protection in Australia -- 1.3 Scepticism About the Parliamentary Model of Rights Protection |
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1.4 Overcoming Scepticism About the Parliamentary Model of Rights Protection -- 1.5 Structure and Overview of Chapters -- References -- Legal Materials -- Cases -- Legislation -- International Law Materials -- Books/Articles/Reports/Speeches -- Chapter 2: Methodology -- 2.1 Assessing Parliamentary Committees -- 2.2 The Assessment Framework Adopted in This Book -- 2.3 Key Steps in the Assessment Framework -- 2.3.1 Legislative Impact -- 2.3.2 Public Impact -- 2.3.3 Hidden Impact -- References -- Books/Articles/Reports/Speeches |
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Chapter 3: The Australian Landscape and the Making of Counter-Terrorism Laws -- 3.1 The Parliamentary Committee System and the Australian Parliament -- 3.1.1 The Constitutional Understanding of the Role of Parliament -- 3.1.2 Parliamentary Committees and Parliamentary Lawmaking -- 3.2 The Emergence of the Australian Parliamentary Committee System -- 3.3 Committees Examined in Detail in this Book -- 3.3.1 Senate Scrutiny of Bills Committee -- 3.3.1.1 Membership, Scrutiny Mandate and Outputs -- 3.3.1.2 A Technical Scrutiny Committee? |
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3.3.2 Parliamentary Joint Committee on Intelligence and Security -- 3.3.3 Senate Standing Committees on Legal and Constitutional Affairs -- 3.3.4 Parliamentary Joint Committee on Human Rights -- 3.3.4.1 Membership, Mandate and Outputs -- 3.3.4.2 A 'Dialogue-Creating' Committee? -- 3.3.5 Non-Parliamentary Scrutiny Bodies -- 3.4 Counter-Terrorism Law Making in Australia -- 3.4.1 The First Tranche: The Howard Government's Response to 'September 11' (2001-2003) -- 3.4.2 The Second Tranche: Pre-charge Detention and Protection of Security Information (2004-2005) |
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3.4.3 The Third Tranche: Control Orders and Preventative Detention Orders (2005) -- 3.4.4 Time for Review: Parliamentary and Judicial Review of Counter-Terrorism Laws (2005-2008) -- 3.4.5 The Fourth Tranche: Updating Australia's Counter-Terrorism Framework (2008-2010) -- 3.4.6 The Fifth Tranche: Dealing with 'Home-Grown' Terrorism (2013-2018) -- 3.4.7 The Sixth Tranche: Post-Conviction Controls and Response to Cyber-Terrorism (2016-2019) -- 3.5 Institutional Engagement on Rights Issues and the Impact of Parliamentary Committees -- References -- Cases -- Bills -- Legislation |
Summary |
This book includes original and ground breaking research into parliamentary law making and legislative responses to counter-terrorism in Australia. This book introduces new, holistic and evidenced-based methods of evaluating how parliaments deliberate on complex policy issues, and how they weigh up competing rights and interests. Although this book is focused on the Australian experience, it has relevance across all parliamentary democracies grappling with the challenges posed by ensuring robust rights protection whilst responding to the threat of terrorism. This book will be of relevance and interest to law makers, government administrators and public servants, law enforcement and intelligence agencies, political and legal scholars, law students and members of the legal profession. This book is designed to provide a unique, evidence-based perspective on Australia's parliamentary model of rights protection and on the experience of counter-terrorism law making in Australia since 2011. By focusing on the role and impact of the federal parliamentary committee system, this book offers a fresh perspective on the contemporary legal and political debate on the best legal mechanism for rights protection in Australia. By using counter-terrorism laws as a detailed case study, this book also contributes in a timely, authoritative way to the debate on balancing individual liberties with national security. Using a contemporary case study of Australia's counter-terrorism, this book employs a unique, three tiered methodology to explore the impact of the system of parliamentary committees system on federal laws. The findings in this book give rise to practical recommendations for reform and provide a fresh new perspectives on Australia's parliamentary model of rights protection. This book has broad implications for rights scholars and rights advocates contemplating new models of rights protection in Australia. This book offers important practical insights to other jurisdictions gra ppling with the challenges posed by ensuring robust rights protection whilst responding to the threat of terrorism |
Notes |
International Law Materials |
Bibliography |
Includes bibliographical references |
Notes |
Print version record |
Subject |
Parliamentary practice -- Australia
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Human rights -- Australia
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Terrorism -- Australia -- Prevention
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Constitutional law.
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Political science.
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Terrorism.
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Political violence.
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Human rights.
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Terrorism
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Human Rights
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terrorism.
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Constitutional & administrative law.
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Political structure & processes.
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Terrorism, armed struggle.
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Human rights.
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Jurisprudence & general issues.
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Law -- Constitutional.
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Political Science -- Public Policy -- General.
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Political Science -- Political Freedom & Security -- Terrorism.
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Law -- International.
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Law -- General.
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Constitutional law
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Human rights
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Parliamentary practice
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Political science
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Political violence
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Politics and government
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Terrorism
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Terrorism -- Prevention
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SUBJECT |
Australia -- Politics and government -- 21st century
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Subject |
Australia
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Form |
Electronic book
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ISBN |
981154350X |
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9789811543500 |
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