University of New South Wales Faculty of Law Research Series
Last Updated: 7 November 2012
A View Inside the Preventive State: Reflections on a Decade of Anti-Terror Law
Tamara Tulich, University of New South Wales
paper is available for download at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2172123
This article was published in the Griffith Law Review
Vol 21(1), pp.209-244. This paper may also be referenced as  UNSWLRS
This article examines the rise of prevention in Australia’s legal response to terrorism in the decade following September 11, 2001. In particular, it explores the question of how to understand and situate preventive anti-terror laws within the Australian legal system. It will be argued that the imperative of prevention in anti-terror law can be understood as part of a broader shift in emphasis in governance, rather than as an isolated response to the threat of transnational terrorism. Adopting the conceptual model of the preventive state, and analysing law and governance therein, provides an opportunity for robust analysis from which insights may be drawn about the broader implications of this shift.