National Security: A Hegemonic Constitutional Value?

Rosalind Dixon (ed), 'Australian Constitutional Values' (Hart) (2018)

22 Pages Posted: 3 Aug 2018

See all articles by Rebecca Ananian-Welsh

Rebecca Ananian-Welsh

The University of Queensland - T.C. Beirne School of Law

Nicola McGarrity

University of New South Wales (UNSW)

Date Written: 2018

Abstract

National Security is a foundational constitutional value. However, it does not have its roots in the rule of law, human rights or democratic liberal traditions. In fact, a constitutional value of national security is likely to conflict with these notions. Furthermore, when national security has featured in constitutional interpretation, it tends to dominate — if not override — conflicting values. In this chapter, we argue that national security may be conceived of as a hegemonic constitutional value and, as such, it calls for the development of stringent guidelines that operate to restrain its role in the constitutional space.

Keywords: National security, constitutional interpretation, australian constitution, freedom of political communication, fair trial

Suggested Citation

Ananian-Welsh, Rebecca and McGarrity, Nicola, National Security: A Hegemonic Constitutional Value? (2018). Rosalind Dixon (ed), 'Australian Constitutional Values' (Hart) (2018). Available at SSRN: https://ssrn.com/abstract=3213102

Rebecca Ananian-Welsh (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Nicola McGarrity

University of New South Wales (UNSW) ( email )

Kensington
High St
Sydney, NSW 2052
Australia

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