Australia's New Anti-Terrorism Legislation
There’s a new Australian anti-terrorism law in the works. It includes such things as:
- 14-day secret detention without arrest by security services
- Shoot-to-kill “on suspicion” powers for police
- Imprisonment and fines for revealing an individual has been the subject of an investigation
This draft legislation was not supposed to be public yet, but the Chief Minister of the ACT revealed it on his website last week in defiance of a federal government request not to do so.
Davi Ottenheimer • October 27, 2005 2:35 PM
Here’s an interesting comment in The Age story you linked:
“Nobel prize-winning author J. M. Coetzee, a South African now resident in Australia, said at the weekend: ‘I used to think that the people who created (South Africa’s) laws that effectively suspended the rule of law were moral barbarians. Now I know they were just pioneers ahead of their time.'”
I hate to bring it up again, but it just seems too fitting to avoid. Carl Schmidtt is credited with saying “there exists no norm that is applicable to chaos”, or in other words universal legal rights can be discarded if a soverign leader declares a “war” on his/her enemies.
“Torture in Iraq and the Rule of Law in America” by Sanford Levinson, (Daedalus, Summer 2004) discusses this in some depth and clearly shows that Gonzales’ famous 2002 memo looks as though it could have been written by Schmidtt (or even Hans Frank) himself:
“In order to respect the President’s inherent constitutional authority to manage a military campaign (federal laws against torture) must be construed as inapplicable to interrogations undertaken pursuant to his Commander in Chief Authority.”
The Whiskey Bar blog has a convenient summary of related news:
http://billmon.org/archives/001682.html