Part Two – Preparing the Ground: Balance, Proportionality, and Public Perceptions

Table of Contents

Chapter 5. Balancing Security and Liberty: Critical Perspectives on Terrorism Law Reform

Introduction: The Balancing Model

The Critique of Balancing

The Making of Terrorism Law:Uncivil Politics of Law Reform

Preventative, Pre-emptive and Precautionary Models of Counter-Terrorism Law

Conclusion

Chapter 6. Lay Perceptions of Terrorist Acts and Counter‑Terrorism Responses

Introduction

Exceptionalism and Siege Mentality

Use of ‘Motive’ in the Definition of Australian Terrorist Act Offences

The Empirical Research

Design

Adapting Bar-Tal’s Siege Mentality Scale

Participants and Data Collection

Materials/Procedure

Results

Conclusions

Chapter 7. The Proportionality Principle in the Context of Anti‑Terrorism Laws

Introduction

The Proportionality Principle in the Context of Derogation from the European Convention of Human Rights

Justifications for the Margin of Appreciation

Critique of the Justifications for the Margin of Appreciation

The Question of Proportionality and the Belmarsh Detainees Decision

The Majority Approach to the Threat of Terrorism

The Dissentient Approach to the Threat of Terrorism

Conclusion