The use and abuse of power and why we need a bill of rights: the ASIO (terrorism) amendment Act 2003 (CTH) and the case of R V Ul-Haque
RIS ID
25294
Abstract
This paper assesses the legislative changes contained in the Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2003 (Cth) and their effects, in light of the recent case of R v Ul-Haque. The author argues that this case is significant for a number of reasons: first, it illustrates the extent to which the new powers are open to abuse by ASJO officers. Second, it argues that those powers erode the fundamental legal principles of a democratic state, including the right to silence, the right to adequate legal representation and most importanty the right of habeas corpus. Third, on the basis of a comparison between the interviews conducted by ASIO and those conducted by the Australian Federal Police, the case demonstrates why it isi nappropriatefo r ASJO to wield detention and interrogationp owers. Finally the authors uggests that the case highlights the growing needfor a statutory bill of rights on at least two grounds: to ensure that rights are protected at law and to promote civics education.
Grant Number
ARC/DP0879258
Publication Details
S. Sorial, 'The use and abuse of power and why we need a bill of rights: the ASIO (terrorism) amendment Act 2003 (CTH) and the case of R V Ul-Haque' (2008) 34 (2) Monash University Law Review 400-429.