MonULR-32(2)-2.pdf (886.24 kB)
Sex Drugs and 'Evil' Souls: The Growing Reliance on Preventive Detention Regimes
journal contributionposted on 2019-10-29, 08:32 authored by Bernadette McSherry
Since the terrorist attacks of 11 September 2001, legislatures around the world have increasingly invoked prevententive 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 mises 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 meiztal 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.
AGLC CitationBernadette McSherry, 'Sex Drugs and 'Evil' Souls: The Growing Reliance on Preventive Detention Regimes' (2006) 32(2) Monash University Law Review 236