Table of Contents

Foreword – Sir Gerard Brennan

Part I – Law’s Role in the Response to Terrorism

Law as a Preventative Weapon against Terrorism

Philip RuddockLegality and Emergency – The Judiciary in a Time of Terror

David Dyzenhaus and Rayner Thwaites

The Curious Element of Motive in Definitions of Terrorism: Essential Ingredient or Criminalising Thought?

Ben Saul

The Case for Defining Terrorism with Restraint and Without Reference to Political or Religious Motive

Kent Roach

Part II – Criminalising Terrorism – How Far Should the Law Go?

The Effectiveness of Criminal Laws onTerrorism

Robert Cornall

Preparation for Terrorism: Catastrophic Risk and Precautionary Criminal Law

Andrew Goldsmith

Australia’s Terrorism Offences – A Case Against

Patrick Emerton

Reconciling Security and the Right to a Fair Trial: The National Security Information Act in Practice

Stephen Donaghue

Preserving National Security in the Courtroom: A New Battleground

Phillip Boulten

Part III – Beyond Guilt or Innocence – Preventative Orders and Counter-Terrorism

Control Orders and Preventative Detention – Why Alarm is Misguided

Geoff McDonald

A Judicial Perspective – The Making of Preventative Detention Orders

Margaret White

The Constitutional Validity of Prevention Detention

James Renwick

Part IV – Human Rights and Terrorism: Is a Trade-off Necessary?

When are Restrictions on Speech Justified in the War on Terror?

Katharine Gelber

Torture: The Fallacy of the Ticking Bomb

Sarah Joseph

Torture: What it is, Will it Work and Can it be Justified?

Neil James

Part V – Australia’s Response Compared

Counter-Terrorism Law in New Zealand

Alex Conte

The United Kingdom’s Anti-terrorism Laws: Lessons for Australia

Clive Walker

Part VI – The Politics of Australia’s Terrorism Debate

Muslim Communities: Their Voice in Australia’s Terrorism Laws and Policies

Waleed Aly

News Media Responsibilities in Reporting on Terrorism

Tanja Dreher

Part VII – Terrorism and the Rule of Law

Achieving Security, Respecting Rights and Maintaining the Rule of Law

Andrew Lynch


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