Sex, Drugs and Evil Souls: The Growing Reliance on Preventive Detention Regimes

Monash University Law Review, Vol. 32, No. 2, 2006

Monash University Faculty of Law Legal Studies Research Paper 2007/03

39 Pages Posted: 3 Mar 2009 Last revised: 15 Apr 2009

See all articles by Bernadette M. McSherry

Bernadette M. McSherry

Melbourne Social Equity Institute; Monash University - Faculty of Law; Melbourne Law School

Date Written: February 19, 2009

Abstract

Since the terrorist attacks of 11 September 2001, legislatures around the world have increasingly invoked preventive detention measures to address perceived security risks to the community. Australia has been no exception to this trend. Whilst not a new phenomena, the growing use by States of such exceptional powers raises important policy questions. This article traces the rise of current preventive detention regimes in Australia as they have been applied to various categories of 'dangerous persons', in particular as they relate to sex offenders, the involuntary detention of those with infectious diseases or mental illness, those with alcohol and drug problems, 'unlawful non-citizens' and in relation to terrorism. Policy issues that arise from these regimes are considered, including the conflict between preventive detention regimes and the international human right to freedom from arbitrary detention.

Keywords: preventive detention, arbitrary detention, terrorism

JEL Classification: K0, K00, K14, K33, K42

Suggested Citation

McSherry, Bernadette M., Sex, Drugs and Evil Souls: The Growing Reliance on Preventive Detention Regimes (February 19, 2009). Monash University Law Review, Vol. 32, No. 2, 2006; Monash University Faculty of Law Legal Studies Research Paper 2007/03. Available at SSRN: https://ssrn.com/abstract=1346727

Bernadette M. McSherry (Contact Author)

Melbourne Social Equity Institute ( email )

Parkville, Victoria 3010
Australia

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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