A new preventive justice framework for assessing counter-terrorism law and policy: Integrating effectiveness and legitimacy

Abstract

From a preventive justice perspective, prevention of travel overseas and prosecution within Australia could be viewed as the most appropriate and legitimate policy objective and outcome, when compared against the alternative of citizenship revocation. This chapter discusses how one can determine if counter-terrorism (CT) laws are effective in making us safer, are appropriate in their alignment with their liberal freedoms, and are necessary in their proportionate provision of legal capabilities not otherwise available. It explores the significance of effectiveness through a study that focuses on preventive measures to deal with the threats posed by foreign fighters returning to Australia. The chapter examines the case studies that operate to identify gaps in effectiveness and opportunities to improve the effectiveness and appropriateness of preventive measures. It explores the significance of effectiveness through a study that focuses on preventive measures to deal with the threats posed by foreign fighters returning to Australia.