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Vol 21 No 11 Nov/Dec 2016

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Executive Measures, Terrorism and National Security: Have the Rules of the Game Changed?

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ISBN13: 9780754647560
Published: October 2007
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



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Shortlisted for the Inner Temple Book Prize 2008: Main Prize

David Bonner presents an historical and contemporary legal analysis of UK governmental use of executive measures, rather than criminal process, to deal with national security threats. The work examines measures of internment, deportation and restriction on movement deployed in the UK and (along with the imposition of collective punishment) also in three emergencies forming part of its withdrawal from colonial empire: Cyprus, Kenya and Malaya.

These situations, along with that of Northern Ireland, are used to probe the strengths and weaknesses of ECHR supervision. It is argued that a new human rights era ushered in by a more confident Court of Human Rights and a more confident national judiciary armed with the HRA 1998, has moved us towards greater judicial scrutiny of the application of these measures - a move away from unfettered and unreviewable executive discretion.

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Subjects:
Constitutional and Administrative Law, Police and Public Order Law
Contents:
Foreword
preface
Part I Introduction: Themes and concepts.
Part II Before 9/11: United Kingdom and Empire 1905-2001: Dealing with the 'enemy at home' during 2 world wars
Political violence and the Irish question
Undesirable 'aliens': immigration control and deportation
Withdrawal from Empire: the Malayan, Cyprus and Kenyan emergencies.
Part III After 9/11: Have the Rules of the Game Changed?: Overview and context
The nature and use of executive measures after 9/11
Challenge mechanisms
Legal challenge and human rights.
Part IV Conclusion: retrospective and reflective
Bibliography
Index.

Series: Inner Temple Book Prize 2008

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