A new preventive justice framework for assessing counter-terrorism law and policy: Integrating effectiveness and legitimacy

Timothy Legrand, Teneille Elliott

    Research output: Chapter in Book/Report/Conference proceedingChapter

    Abstract

    From a preventive justice perspective, prevention of travel overseas and prosecution within Australia could be viewed as the most appropriate and legitimate policy objective and outcome, when compared against the alternative of citizenship revocation. This chapter discusses how one can determine if counter-terrorism (CT) laws are effective in making us safer, are appropriate in their alignment with their liberal freedoms, and are necessary in their proportionate provision of legal capabilities not otherwise available. It explores the significance of effectiveness through a study that focuses on preventive measures to deal with the threats posed by foreign fighters returning to Australia. The chapter examines the case studies that operate to identify gaps in effectiveness and opportunities to improve the effectiveness and appropriateness of preventive measures. It explores the significance of effectiveness through a study that focuses on preventive measures to deal with the threats posed by foreign fighters returning to Australia.
    Original languageEnglish
    Title of host publicationRegulating Preventive Justice: Principle, Policy and Paradox
    Editors Tamara Tulich, Rebecca Ananian-Welsh, Simon Bronitt, Sarah Murray
    Place of PublicationLondon
    PublisherRoutledge
    Pages155-176
    Edition1
    ISBN (Print)9781315620978
    DOIs
    Publication statusPublished - 2017

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