Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11

ISBN-13: 9780415571753 / Angielski / Twarda / 2010 / 244 str.

Andrew Lynch;Nicola McGarrity;George Williams

Opis

This book considers the increasing trend towards a ‘culture of control’, as identified by David Garland in his 2001 book of that title, in western countries. The post-9/11 counter-terrorism laws in the USA, the UK, Canada and Australia amongst others provides a stark demonstration of this trend. Amongst other things, these laws share a focus on the pre-emption of crime, restrictions on the right to liberty of non-suspects, limited public access to information and increased community surveillance. These laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control.

The contributors to this volume focus on the impact of the extraordinary counter-terrorism laws outside the immediacy of the counter-terrorism context. The book draws together practitioners and academics in the areas of public and criminal law to discuss the effects counter-terrorism law is having on public institutions within democracies. Issues considered includes the changes to the respective powers of the courts, executive and decision-making processes, the seepage of extraordinary powers and pre-emptive measures into areas of the criminal law other than counter-terrorism and the impact of these developments on the criminal justice process as well as the interaction and overlap between intelligence and law enforcement agencies.

This book will be of interest to students and scholars of criminal law, criminology, comparative criminal justice, terrorism, public law, human rights, governance and public policy.

Spis treści

Part 1: Introduction  1. The Emergence of a ‘Culture of Control’, Andrew Lynch, Nicola McGarrity and George Williams  Part 2: Prevention and Pre-Emption, Evidence and Intelligence  2. Counter-Terrorism: The Law and Policing of Pre-Emption, Jude McCulloch and Sharon Pickering  3. The Counter-Terrorism Purposes of an Australian Preventative Detention Order, Claire Macken  4. The Eroding Distinction Between Intelligence and Evidence in Terrorism Investigations, Kent Roach  Part 3: Community Surveillance and the Creation of a Culture of Suspicion  5. Constitutional Criminal Procedure and Civil Rights in the Shadow of the ‘War on Terror’: A Look at Recent United States Decisions and the Rhetoric of Terrorism, Charles Weisselberg  6. Suspicionless Searches and the Prevention of Terrorism, John Ip  7. A Passport to Punishment: Administrative Measures of Control for National Security Purposes, Susan Harris Rimmer  Part 4: The Normalisation of Extraordinary Measures  8. When Extraordinary Measures Become Normal: Pre-Emption in Counter-Terrorism and Other Laws, Nicola McGarrity and George Williams  9. The Anti-Terror Creep: Law and Order, the States and the High Court of Australia, Gabrielle Appleby and John Williams  Part 5: The Flow of Information in Liberal Democracies  10. Proxies for the Authorities? Using Media Information in the Investigation and Prosecution of Terrorism Offences, Lawrence McNamara  11. The Show Must Go On: The Drama of Dr Mohamed Haneef and the Theatre of Counter-Terrorism, Mark Rix  Part 6: Judicial Review and the Parliamentary Process: How Best to Protect Human Rights?  12. Extra-Constitutionalism, Dr Mohamed Haneef and Controlling Executive Power in Times of Emergency, Fergal Davis

O autorze

Nicola McGarrity is the Director of the Terrorism and Law Project at the Gilbert + Tobin Centre of Public Law and a Research Fellow in the Faculty of Law, University of New South Wales, Australia.

Andrew Lynch is the Director of the Gilbert + Tobin Centre of Public Law and an Associate Professor in the Faculty of Law, University of New South Wales, Australia.

George Williams is the Anthony Mason Professor of Law and Foundation Director of the Gilbert + Tobin Centre of Public Law in the Faculty of Law, University of New South Wales, Australia, and an Australian Research Council Laureate Fellow.