Internment of terrorism suspects: human rights and constitutional issues

Gray, Anthony (2018) Internment of terrorism suspects: human rights and constitutional issues. Australian Journal of Human Rights, 24 (3). pp. 307-325. ISSN 1323-238X

Abstract

There have been recent calls for the re-introduction of a system of internment in Australia for those suspected of terrorism. Internment is not unprecedented in Australia, having been practised in the early years of the 20th century and during World War II. It was also infamously used in the United States after Pearl Harbour, and features in British legal history. The paper concludes there are significant constitutional issues with a member of the executive exercising a power by which an individual would be detained based on suspected future wrongdoing, in the absence of any finding of guilt.


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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 / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 05 Dec 2018 06:06
Last Modified: 11 Dec 2018 01:52
Uncontrolled Keywords: internment terrorism suspect separation of powers defence
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 > 940402 Crime Prevention
Identification Number or DOI: 10.1080/1323238X.2018.1523659
URI: http://eprints.usq.edu.au/id/eprint/35017

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