LAWS7713 Law, Terrorism & Human Rights
After the terrorist attacks of 9/11, the prevention and prosecution of terrorism emerged as a key priority for governments. This subject considers and critiques Australia's approach to fighting terrorism, with a particular focus on the positive and negative human rights implications of anti-terrorism law. Students will be introduced to key aspects of Australian anti-terrorism law, situated within a theoretical and comparative context.
Core themes of central importance in the national security arena emerge in this discussion. For instance, how far should governments go in protecting national security? How might basic values like democracy and the rule of law be preserved in the national security context? Does a tension necessarily exist between the preservation of national security and human rights? How might governments seek to achieve security and liberty? What roles are played by the judiciary and legislature as checks upon executive overreach? How might the effectiveness and necessity of anti-terrorism measures be tested and achieved?
- National Security as a Global Priority
- National Security and the Australian Government
- Legal Definitions of Terrorism
- Prosecuting Terrorism
- Terrorist Acts
- Terrorist Organisations
- Support and preparatory acts
- Trials and secrecy
- Preventing Terrorism
- Preventive detention
- Control orders
- ASIO warrants
- Terrorism and Global Movement
- Foreign Fighters
- Future Directions in Terrorism Law and Human Rights
Dr Rebecca Ananian-Welsh is a Lecturer at the TC Beirne School of Law. Dr Ananian-Welsh's research focuses primarily in the areas of: judicial independence, courts and court process, and the constitutional issues raised by national security law and anti-bikie law and policy. Dr Ananian-Welsh has published book chapters, articles in leading journals and has spoken widely at Australian and international events on these topics. Dr Ananian-Welsh has also given evidence to a Parliamentary Inquiry and contributed to a number of submissions to government with respect to national security laws and constitutional issues.
Prior to joining the TC Beirne School of Law, Dr Ananian-Welsh was an academic member of the Laureate Fellowship Project 'Anti-Terror Laws and the Democratic Challenge'. She also held research positions with the Gilbert + Tobin Centre of Public Law's Terrorism & Law Project, and Professor Janet Chan's Australian Research Council Project 'Legal Culture, Work Stress and Professional Practice: A Study of Australian Lawyers'. Before commencing her academic career, Dr Ananian-Welsh was as a litigation solicitor at DLA Piper Sydney and a legal officer at the Federal Attorney-General's Department. In 2013 Dr Ananian-Welsh was awarded a Law Faculty Teaching Award by the University of New South Wales and in 2011 was a finalist for the New South Wales Law Society 'Young Lawyer of the Year'.
18, 19 March; 1, 2 April 2017
This course may also be taken as a CPD course or a non-award course.