By David Bonner
David Bonner offers an ancient and modern felony research of united kingdom governmental use of government measures, instead of legal technique, to house nationwide safety threats. The paintings examines measures of internment, deportation and restrict on flow deployed within the united kingdom and (along with the imposition of collective punishment) additionally in 3 emergencies forming a part of its withdrawal from colonial empire: Cyprus, Kenya and Malaya. those occasions, besides that of Northern eire, are used to probe the strengths and weaknesses of ECHR supervision. it truly is argued new human rights period ushered in by way of a extra convinced court docket of Human Rights and a extra convinced nationwide judiciary armed with the HRA 1998, has moved us in the direction of better judicial scrutiny of the applying of those measures - a circulate clear of unfettered and unreviewable govt discretion.
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Additional info for Executive Measures, Terrorism and National Security
Example text
But compare Walker (2002): 26–7. 55 Thompson (1963). 56 Feldman (2006): 377. 54 Perspectives, Themes and Concepts 21 those encouraging or perpetrating political violence. Examples abound in the contexts examined in Part II. The definition is under review by Lord Carlile. Executive Measures: Nature, Legal Bases and Modes of Challenge This book focuses on the use of executive measures as part of an overall governmental strategy to contain threats to national security and terrorism. The term ‘executive measures’ is here taken to mean a product of the empowerment through law of the executive branch of government to take action affecting the rights of legal individuals, whether people or corporations, without any need for prior judicial approval of that action.
These powers are examined in depth in Part III. The most draconian of the legal responses in ATCSA was its regime of detention without trial of foreign national international terrorist suspects with links to Al Qaeda, unable to be prosecuted or to be deported for a legal or practical reason. It successor – the regime of control orders in the PTA 2005 – enables a spectrum of restrictions from mere reporting to the police or the immigration service, at one end, to indefinite detention without trial, at the other.
33 Leigh and Lustgarten sought in their seminal work to provide a ‘democratic conception of national security’. C. 696. Cm 3782 (1997): chap. 1. 33 Stone (1990). 32 Perspectives, Themes and Concepts 15 Recognizing the potential for abuse (and their identification of past abuses), they sought as a basis for justifying the taking of extraordinary measures to ascertain an ‘irreducible minimum’, a central ‘core of validity’. They considered that: Certain activities – notably political violence and covert attempts to influence a nation’s political processes – are incompatible with both the institutions and ideals of a democratic state and cannot be tolerated.