Counter-Terrorism and Beyond

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.

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