Reforming Australia's national security laws : the case for a proportionality-based approach

This article contends that a 'balancing' approach is unsuitable when it comes to reconciling the interests of combating and preventing terrorism and protecting human rights and civil liberties. Instead, it suggests that any restrictions of human rights and civil liberties in the name of national security need to be strictly justifiable through the application of a proportionality test. The article explores whether, and to what extent, the proportionality principle can be applied in the context of reforming Australia's counter-terrorism law and policy. It argues that while a full proportionality test is yet to be formally recognised in Australian law, it is nonetheless appropriate to review and reform Australian counter-terrorism law and policy on the basis of proportionality.