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Abstract

This monograph has focused upon the threat posed to expressive freedom by the framework of laws invoked to thwart the activities of terrorists and their supporters. Separate chapters have explored the varying extents to which the ‘war on terror’ has curtailed aspects of freedom of expression, including the impact on journalists and newsgathering activities. The weaknesses in the international legal system for protecting unpopular expression that were identified in Chap. 2 naturally concentrated attention on the domestic legal environment. In this concluding section of materials, some of the themes that underscore the writing in Chaps. 3, 4, 5 and 6 will be taken up again. The forward-looking emphasis in the final chapter seeks to ascertain whether, consistently with our domestic constitutional traditions, a more robust defence of dissenting opinion and unpopular political associations may be attempted. Specific attention will be paid to the notion of common law constitutionalism and a substantive conception of the rule of law in formulating a stronger defence for dissenting expression.

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