Executive detention in the time of a pandemic

Gray, Anthony (2020) Executive detention in the time of a pandemic. Australian Journal of Administrative Law, 27 (4). pp. 198-216. ISSN 1320-7105


Abstract

The Victorian Government recently proposed legislation that would empower an individual who believed that another person might breach then operative lockdown restrictions to detain the person involuntarily. The proposed legislation raised very significant questions regarding the constitutionality of a member of the executive purporting to exercise a power of detention, particularly in the absence of stated criteria for consideration in its exercise.


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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: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 21 Dec 2020 06:36
Last Modified: 03 Jan 2021 23:58
Uncontrolled Keywords: quarantine lockdown arbitrary executive detention pandemic
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4807 Public law > 480702 Constitutional law
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940406 Legal Processes
Socio-Economic Objectives (2020): 23 LAW, POLITICS AND COMMUNITY SERVICES > 2304 Justice and the law > 230406 Legal processes
URI: http://eprints.usq.edu.au/id/eprint/40380

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