Gray, Anthony (2011) The rule of law and reasonable suspicion. Australian Journal of Human Rights, 16 (2). pp. 53-79. ISSN 1323-238X
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New South Wales and Victorian Parliaments have introduced legislation that allows extended police powers in designated areas. In these areas, police can conduct non-invasive searches of individuals without the need for a warrant and without the need for reasonable suspicion. In this way, the laws mirror similar laws passed in the United Kingdom. In this article, I argue that such laws reflect an unacceptable infringement of the rule of law, by subjecting citizens to arbitrary exercise of power by police.
|Item Type:||Article (Commonwealth Reporting Category C)|
|Additional Information:||Permanent restricted access to Published Version, in accordance with the copyright policy of the publisher.|
|Uncontrolled Keywords:||rule of law; reasonable suspicion; due process|
|Fields of Research (FOR2008):||18 Law and Legal Studies > 1801 Law > 180114 Human Rights Law|
|Socio-Economic Objective (SEO2008):||C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice|
|Deposited On:||02 Mar 2011 13:09|
|Last Modified:||05 Jun 2012 12:07|
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