Tulich, Tamara --- "A View Inside the Preventive State: Reflections on a Decade of Anti-Terror Law" [2012] UNSWLRS 52

Last Updated: 7 November 2012

A View Inside the Preventive State: Reflections on a Decade of Anti-Terror Law

Tamara Tulich, University of New South Wales

This paper is available for download at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2172123

Citation

This article was published in the Griffith Law Review Vol 21(1), pp.209-244. This paper may also be referenced as [2012] UNSWLRS 52.

Abstract

This article examines the rise of prevention in Australia’s legal response to terrorism in the decade following September 11, 2001. In particular, it explores the question of how to understand and situate preventive anti-terror laws within the Australian legal system. It will be argued that the imperative of prevention in anti-terror law can be understood as part of a broader shift in emphasis in governance, rather than as an isolated response to the threat of transnational terrorism. Adopting the conceptual model of the preventive state, and analysing law and governance therein, provides an opportunity for robust analysis from which insights may be drawn about the broader implications of this shift.