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Books > Law > Laws of other jurisdictions & general law > Criminal law
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Regulating Undercover Law Enforcement: The Australian Experience (Hardcover, 1st ed. 2021)
Loot Price: R3,671
Discovery Miles 36 710
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Regulating Undercover Law Enforcement: The Australian Experience (Hardcover, 1st ed. 2021)
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This book examines the way in which undercover police investigation
has come to be regulated in Australia. Drawing on documentary and
doctrinal legal analysis, this book investigates how, in the space
of a single decade, Australian law makers set out to regulate one
of the most difficult aspects of police: undercover investigation.
In so doing, the Australian experience represents a paradigm model.
And yet despite its success, it is a system of law and practice
that has a dark side - a model of investigation to relies heavily
on activities that are unlawful in the absence of authorisation. It
is a model that is as much concerned with the surveillance and
control of police as it is with suspected criminal conduct. The
book aims to locate the Australian experience in comparative
perspective with other major common law jurisdictions (the United
Kingdom, Canada and New Zealand), with a view to contrast
strengths, similarities and weaknesses of these models. It is
argued that the Australian model, at the pragmatic level, offers a
highly successful model for regulatory structure and practice,
providing a significant model for successful regulation. At the
same time, the model that has been introduced raises important
questions about how and why the Australian experience evolved in
the way that it did, and the implications this has for the
relationship between citizen and state, the judiciary and the
executive, and broader questions about the protections offered by
rights discourse and jurisprudence. This book aims to document the
law, policy and practices that shape undercover investigations. In
so doing, it aims to not only articulate the way in which the law
regulates these activities, but also to move on to consider some of
the fundamental questions linked to undercover investigations: how
did regulation happen? By what means of regulation? What are the
driving policy issues that give this field of law its particular
complexion? What are the implications? Who gains, and who loses, by
which means of power? The book offers unique insights into a
largely unknown aspect of modern covert policing, identifying a
range of practices, the legal framework, controversies and powers.
By locating these practices in a rich theoretical context, informed
by risk and governmentality scholarship, this book offers a legal
and theoretical explanation of one of the most controversial forms
of policing.
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