Dr. Andrew Hemming, a Senior Lecturer in the USQ School of Law and Justice, has just published a rejoinder article titled 'Criminal Code Design and Sentencing: A Response to Joshua Kleinfeld's Theory of Criminal Victimization.' The article appears in Volume 52(2) of the University of San Francisco Law Review.
Publications, colloquia, and more at the University of Southern Queensland School of Law and Justice.
Monday, December 10, 2018
Monday, December 3, 2018
Crowley-Cyr asks "Are warnings effective in communicating jellyfish hazards?"
Attribution: TydeNet (Wikimedia Commons) |
Sunday, December 2, 2018
Gray on "Internment of Terrorism Suspects: Human Rights and Constitutional Issues"
Professor Anthony Gray of the USQ School of Law and Justice has recently published an article titled Internment of Terrorism Suspects: Human Rights and Constitutional Issues in the Australian Journal of Human Rights (Vol 24, No. 3). Here is the abstract:
"There have been recent calls for the parliament to re-introduce a system of internment of those suspected of future terrorist activity. Preventive detention regimes have a long history within the common law, and to some extent our laws still contain preventive detention aspects. International legal materials would arguably generally prohibit such regimes; however, they also contain exceptions permitting governments to derogate from fundamental human rights in times of emergency or war. This article considers whether, if the Australian Parliament were to implement such a scheme, it would be constitutionally valid. This involves determining whether the Commonwealth’s defence power would support such a law, and the nature of the power to preventively detain an individual. Could such a power be exercised by a government minister, or would it need to be exercised, if at all, by a court?"
"There have been recent calls for the parliament to re-introduce a system of internment of those suspected of future terrorist activity. Preventive detention regimes have a long history within the common law, and to some extent our laws still contain preventive detention aspects. International legal materials would arguably generally prohibit such regimes; however, they also contain exceptions permitting governments to derogate from fundamental human rights in times of emergency or war. This article considers whether, if the Australian Parliament were to implement such a scheme, it would be constitutionally valid. This involves determining whether the Commonwealth’s defence power would support such a law, and the nature of the power to preventively detain an individual. Could such a power be exercised by a government minister, or would it need to be exercised, if at all, by a court?"
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