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Abstract from

Weaving the Chains of Tyranny: The Misrule of Law in the Administrative Detention of Unlawful Non-Citizens

Savitri Taylor

Australia’s immigration detention regime has been widely criticised. In this article the author closely scrutinises the regime, as it operates in practice, and argues that Australia is in breach of art 9(1) and arts 2(1) and 26 of the International Covenant on Civil and Political Rights (ICCPR).  She suggests that we, as a society, accept these breaches because they are not inconsistent with domestic rule of law narratives. She argues, however, that international human rights law embodies a sounder moral perspective and, by treating it as something less than ‘law’, we lose our best chance for a true defence against arbitrary government.

(1999) 16(2) Law in Context 1

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