The rule of law and reasonable suspicion

Gray, Anthony (2011) The rule of law and reasonable suspicion. Australian Journal of Human Rights, 16 (2). pp. 53-79. ISSN 1323-238X


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.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published Version, in accordance with the copyright policy of the publisher.
Faculty/School / Institute/Centre: Historic - Faculty of Business and Law - School of Law
Date Deposited: 02 Mar 2011 03:09
Last Modified: 24 Aug 2014 21:42
Uncontrolled Keywords: rule of law; reasonable suspicion; due process
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180114 Human Rights Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice

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