Comments on: a big week for the separation of powers http://www.intelligentdesign.com.au/blog/2007/08/01/a-big-week-for-the-separation-of-powers/ a blog about things Tue, 02 Aug 2011 06:31:04 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Paul http://www.intelligentdesign.com.au/blog/2007/08/01/a-big-week-for-the-separation-of-powers/comment-page-1/#comment-15337 Paul Wed, 01 Aug 2007 23:52:45 +0000 http://www.intelligentdesign.com.au/blog/2007/08/01/a-big-week-for-the-separation-of-powers/#comment-15337 <blockquote>How detention in the home could be argued as not punitive is beyond me.</blockquote> But then how can detention pending migration appeals in worse-than-prison conditions be considered non-punitive? In Al-Kateb the majority elected to consider the purpose of detention rather than taking the (correct common law approach IMHO) of deciding whether the conditions of detention were in effect punitive. So I don't see why they would take a different line here, unless they choose to distinguish it from Al-Kateb on the basis that it is related to possible criminal activity or because they have come to see Al-Kateb as a mistake.

How detention in the home could be argued as not punitive is beyond me.

But then how can detention pending migration appeals in worse-than-prison conditions be considered non-punitive?

In Al-Kateb the majority elected to consider the purpose of detention rather than taking the (correct common law approach IMHO) of deciding whether the conditions of detention were in effect punitive.

So I don’t see why they would take a different line here, unless they choose to distinguish it from Al-Kateb on the basis that it is related to possible criminal activity or because they have come to see Al-Kateb as a mistake.

]]> By: Peter Kemp http://www.intelligentdesign.com.au/blog/2007/08/01/a-big-week-for-the-separation-of-powers/comment-page-1/#comment-15260 Peter Kemp Wed, 01 Aug 2007 08:36:49 +0000 http://www.intelligentdesign.com.au/blog/2007/08/01/a-big-week-for-the-separation-of-powers/#comment-15260 How detention in the home could be argued as not punitive is beyond me. This is my article at LP when the legislation arrived in November 2005: http://larvatusprodeo.net/2005/11/19/the-new-banning-orders-anti-terrorist-bill-no-2-2005/ How detention in the home could be argued as not punitive is beyond me. This is my article at LP when the legislation arrived in November 2005:

http://larvatusprodeo.net/2005/11/19/the-new-banning-orders-anti-terrorist-bill-no-2-2005/

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