Possible Constitutional Objections to the Powers to Ban ‘Terrorist’ Organisations

42 Pages Posted: 8 Aug 2018

Date Written: 2004

Abstract

The first part of this article considers - from a constitutional perspective - the Criminal Code proscription regime, while the second part is devoted to examining the constitutional validity of the Charter of UN proscription regime. With both regimes, three constitutional restrictions come to the fore: the implied freedom of political communication, the implied freedom of association, and the separation of judicial power. The last raises the specific question whether these regimes give rise to bills of attainder.

Suggested Citation

Tham, Joo-Cheong, Possible Constitutional Objections to the Powers to Ban ‘Terrorist’ Organisations (2004). University of New South Wales Law Journal, Vol. 27, No. 2, 2004. Available at SSRN: https://ssrn.com/abstract=3217002

Joo-Cheong Tham (Contact Author)

University of Melbourne ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

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