Emergency Powers in Australia
2nd Edition
- Authors:
- H. P. Lee, Monash University, Victoria
- Michael W. R. Adams, Columbia Law School
- Colin Campbell, Monash University, Victoria
- Patrick Emerton, Monash University, Victoria
- Date Published: November 2018
- availability: Temporarily unavailable - available from TBC
- format: Hardback
- isbn: 9781107166530
Hardback
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Democratic countries, such as Australia, face the dilemma of preserving public and national security without sacrificing fundamental freedoms. In the context where the rule of law is an underlying assumption of the constitutional framework, Emergency Powers in Australia provides a succinct analysis of the sorts of emergency which have been experienced in Australia and an evaluation of the legal weapons available to the authorities to cope with these emergencies. It analyses the scope of the defence power to determine the constitutionality of federal legislation to deal with wartime crises and the 'war' on terrorism, the extent of the executive power and its relationship to the prerogative, the deployment of the defence forces in aid of the civil power, the statutory frameworks regulating the responses to civil unrest, and natural disasters. The role of the courts when faced with challenges to the invocation of emergency powers is explained and analysed.
Read more- Provides a contemporary perspective on how a democratic country, such as Australia, deals with emergencies or crises which threaten public safety or national security, without undermining the rule of law
- Provides a lucid analysis of the Australian constitutional and legal framework and the broad range of powers available to the authorities to deal with a crisis situation
- Focuses on the operation of the separation of judicial power as a constraint on the invocation of special powers pertaining to preventative detention and control orders
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×Product details
- Edition: 2nd Edition
- Date Published: November 2018
- format: Hardback
- isbn: 9781107166530
- length: 312 pages
- dimensions: 235 x 157 x 20 mm
- weight: 0.57kg
- availability: Temporarily unavailable - available from TBC
Table of Contents
1. Introduction
2. The defence power
3. The executive, the prerogative and emergencies
4. Maintenance of public order
5. Public safety and the war on terror
6. Civil emergencies and special powers legislation
7. Military aid to the civil power
8. The judiciary and emergency powers
9. Conclusion.
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