The 2007 High Court decision in Thomas v Mowbray examined the scope of the Commonwealth’s power to make laws in respect of defence pursuant to s 51(vi) of the Constitution and its capacity to support legislation on the subject of terrorism. This essay will argue that, as a result of the decision in Thomas, the defence power has the potential to undermine fundamental human rights and civil liberties that are unrelated, or at least disproportionate, to defending the threat of terrorism.
Section 51(vi) of the Constitution provides that:
The parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to … [t]he naval and military defence of the Commonwealth
Section 51(vi) of the Constitution provides that:
The parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to … [t]he naval and military defence of the Commonwealth