Thomas V. Mowbray: Australia's 'war on Terror' Reaches the High Court‪.‬

[The High Court of Australia's decision in Thomas v Mowbray is important in two distinct senses. First, the case concerned constitutional powers and limitations which are either infrequently considered (in particular, the Commonwealth's legislative power with respect to defence) or subject to regular uncertainty (crucially, the abstractions which have accumulated around the constitutionally implied separation of judicial power). Secondly, the case presented yet another opportunity for the Court to reflect upon the deeper ramifications of preventative justice, but the first occasion on which this squarely intersected with the pure judicial power of the federal court system. Not only is this a matter of constitutional significance, but it also poses challenging policy questions as to the role which the judicial arm is best positioned to play under a substantial body of law based upon the pre-emptive restriction of individual liberty and developed since the terrorist attacks of 11 September 2001.] I INTRODUCTION