Hostname: page-component-78c5997874-lj6df Total loading time: 0 Render date: 2024-11-14T05:56:31.454Z Has data issue: false hasContentIssue false

Thomas v. Mowbray and Others

Australia.  02 August 2007 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Governments — Separation of powers — Roles and responsibilities of executive, legislative and judicial branches of government — Rule of law — Policy — “The chameleon doctrine”

Jurisdiction — Original jurisdiction of High Court — Issuing courts — Chapter III courts — Validity of federal legislative provisions — Australian Constitution — Defence power — Whether defence power purposive — Whether “defence” limited to defence against external threats or threats from foreign nations — Whether “defence” limited to defence of community and several states as bodies politic — External affairs power — Relevance of combating terrorism to comity between nations — Referral power — Implied power to protect nation — Presumption against alteration of common law rights — Constitutional facts — Consideration of policy in judicial determinations — Exercise of judicial power — Judicial controversy — Determination of rights or obligations — Requirement of discernible standards and norms — Non-justiciability — Burden of proof — Balancing exercises — Ex parte proceedings

Relationship of international law and municipal law — Criminal Code (Cth) — Part 5.3 — Division 104 — Section 104 — Section 105 — Section 51(xxix) of Australian Constitution — Interpretation of Australian law — International law ratified by and binding on Australia — International Covenant on Civil and Political Rights, 1966 — United Nations Security Council Resolution 1373 (2001) — Extent to which Security Council Resolutions binding on Australia — Whether Division 104 of Criminal Code validly enacted under external affairs power — Promotion of comity with foreign governments — Preservation of integrity of foreign States

Terrorism — Criminal Code (Cth) — Interpretation and application — Part 5.3 — Division 104 — Section 104 — Section 105 — Definition of “terrorist act” — Interim control orders — Obligations, prohibitions and restrictions upon an individual to protect public from a terrorist act — Public interest — Whether obligations, prohibitions and restrictions “reasonably necessary” and “reasonably appropriate and adapted” to protect public — Section 51(vi) of Australian Constitution — Whether Division 104 of Criminal Code validly enacted under defence power

War and armed conflict — Armed conflict — Terrorism — Applicability of defence powers to threat posed by terrorism — The law of Australia

Type
Case Report
Copyright
© Cambridge University Press 2016

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)