LAWS 3602 Lecture 12: LAWS 3602A- class 12
30 Nov 2016
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Document Summary
If indefinite detention risks weakening the culture of legal argument and values of political morality in liberal democracies seeking rule-of-law legitimacy. Point of the paper is to consider how far detention without trial can go with the rule of law. How far you could show through a case study with detention without trial not something you can effectively legally control, unlegalizable because immoral (his original idea but not this paper) Used singapore and malaysia because he is an expert on them. Good to analyse non-liberal democracies that claim a commitment to the rule of law. Question of political sociology facts authoritarianism. Analysis of authoritarianism even authoritarian states show some acknowledgement to the rule of law say that there actions are in accordance with law. Authoritarian tend to be oppressive but not to the entire population. May be effective in protecting national security but may be immoral if something is immoral we shouldn"t do it even if it works.
