Police powers in the premier state, or the premiers police state

Ricketts, Aidan (2004) Police powers in the premier state, or the premiers police state. SCU Law Review, 8. pp. 117-189.

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Abstract

The atmosphere of moral panic over issues of crime and policing that pervades New South Wales (NSW), particularly in the lead up to state elections, has led to a steady increase in police powers for most of the last decade. In the past five years in particular there has been a noticeable acceleration in this trend, especially in relation to highly emotive campaigns such as “the war against drugs” and “the war against terror”. This article examines the extent to which these legislative campaigns have impacted upon fundamental legal principles of the common law, and of the national and international community. Assurances from the NSW Premier, Bob Carr, that NSW has not become a “police state”1 may serve a limited purpose within a parliamentary debate, but beyond such rhetoric there is a clear need for some established criteria by which the erosion of civil liberties can be measured. This article will examine existing NSW legislation with a view to assessing the extent to which recognised fundamental rights are being routinely compromised.

Item ID: 13942
Item Type: Article (Refereed Research - C1)
Keywords: civil / human Rights; law and society; legislation; police
ISSN: 1329-3737
Date Deposited: 26 Nov 2010 03:04
FoR Codes: 16 STUDIES IN HUMAN SOCIETY > 1602 Criminology > 160205 Police Administration, Procedures and Practice @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940404 Law Enforcement @ 100%
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