Emergency Powers in Australia

H. P. Lee held the Sir John Latham Chair of Law at Monash University from 1995-2014, where he had also served as the Deputy Dean and Acting Dean. He is the co-author of The Australian Judiciary (2nd edition, Cambridge, 2012) and author of Constitutional Conflicts in Contemporary Malaysia (2nd edition, 2017). Professor Lee's other publications include: Judiciaries in Comparative Perspective (editor, Cambridge, 2011) and Asia-Pacific Judiciaries: Independence, Impartiality and Integrity (co-editor, Cambridge, 2017). He was awarded the Australian Press Council Medal in 2011. In 2015, he was appointed Emeritus Professor of Law at Monash University, Victoria. Michael W. R. Adams obtained his Bachelor of Laws degree from Monash University, Victoria, and his Bachelor of Media degree from Adelaide University. Michael most recently acted as a counsel and fellow in the International Justice Program at Human Rights Watch. Previously, Michael was the Associate to the Honourable Justice Pamela Tate of the Court of Appeal of Victoria and a researcher at the Victorian Law Reform Commission. As the Charles B. Bretzfelder Constitutional Law Scholar, he obtained his LL.M. from Columbia University, where he is currently doing doctoral research. Colin Campbell is a Senior Lecturer in the Faculty of Law, Monash University, Victoria. Colin holds Masters degrees in law from the University of Melbourne and the University of Cambridge, and a Ph.D. in law from the University of Cambridge. Formerly a solicitor and a judge's associate, Colin's main research interests lie in the areas of Administrative Law and Anti-discrimination Law. Colin has published articles in leading journals, including the Cambridge Law Journal, the Law Quarterly Review and the University of Toronto Law Journal. He is the co-editor, along with Matthew Groves, of Australian Charters of Rights a Decade On (2017). Patrick Emerton is an Associate Professor in the Faculty of Law, Monash University. He researches in constitutional law and theory, just war theory, human rights theory, and anti-terrorism law. His recent work includes contributions to The Oxford Handbook of the Australian Constitution (2018) and The Oxford Handbook of Ethics of War (2018). In 2010 the Federal Law Review awarded him the inaugural Leslie Zines Prize for Excellence in Legal Research.

• 1. Introduction; 2. The defence power; 3. The executive, the prerogative and emergencies; 4. Maintenance of public order; 5. Public safety and the war on terror; 6. Civil emergencies and special powers legislation; 7. Military aid to the civil power; 8. The judiciary and emergency powers; 9. Conclusion.