Question
brief essay for: Question A. Discuss how and the extent to which global and international developments have impacted the Australian Legal system. Question B. [T]he
brief essay for:
Question A.
Discuss how and the extent to which global and international developments have impacted the Australian Legal system.
Question B.
"[T]he modern history of Western democracies has shown that the rule of law was not able to prevent some of the worst behaviour of states or individuals within states. [Cameron Stewart "The Rule of Law and The Tinkerbell Effect: Theoretical Considerations, Criticisms and Justifications for the Rule Of Law"].
Discuss the above quote from Cameron with reference to course material. Please provide a critique or defense of the statement from the perspective of race or gender.
brief persuasive essay for:
QUESTION A.
'[I]f one accepts the need for a counter-terrorist strategy, then one also needs to accept that pursuing such a strategy will inevitably entail the derogation of certain civil liberties. No country throughout history has implemented a counter-terrorist strategy that has not impacted in some way on civil liberties. Due legal process is a prominent part of our democratic way of life, but its importance is not absolute. For example, if law enforcement agencies representing a democratically elected government reasonably conclude that they have grounds for detaining an individual whom they believe may be involved in, or have knowledge of, a terrorist plot that has the potential to kill Australian citizens and/or damage property and infrastructure, then given the urgency of preventing an attack from taking place it is hard to see why they should not have this discretionary power.' (A. O'Neil, 'The Evolving Nature of International Terrorism and Australia's Response' in D Chappell and P Wilson (eds), Issues in Australian Crime and Criminal Justice, LexisNexis 2005, 389).
I agree with the above statement, as common interest in national security overrides individual autonomy / I disagree with the above statement, as limiting individual liberties in the name of preventing a terrorist attack leaves the door open to abuse.
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