National Security Law in Ireland

National Security Law in Ireland

Author: Eoin O'Connor

Publisher: Bloomsbury Publishing

Published: 2019-02-08

Total Pages: 405

ISBN-13: 1784519170

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National security is becoming a global preoccupation. It drives some of the most important political discussions of today, and is increasingly present in public concerns. From a legal perspective, national security is becoming increasingly relevant in the fields of immigration and asylum law and media law in that can affect newspapers' ability to publish stories which concern national security issues. National Security Law in Ireland is the first book of its kind to provide an in-depth examination of the Irish laws concerning national security, in the context of the criminal trial. It covers a wide range of topics such as entrapment, surveillance and interception, the handling of informers, and the constitutional aspects of national security. Distinguishing features of the book include a detailed analysis of the Witness Protection Programme, an examination of recent judgments of the Superior Courts on deportation and naturalisation in relation to national security, as well as the most comprehensive examination of the origins of informer privilege and its development in Irish law to date. This book will be ideal for barristers and solicitors working in the areas of criminal law, asylum/refugee law and judicial review, as well as for those working in the Chief State Solicitor's Office, the Attorney General's Office, the Department of Justice, An Garda Síochána, and the Defence Forces. Eoin O'Connor is a practising barrister. He was called to the Bar in 2008 and began practising in 2009. In 2015 he was awarded his PhD which examined how informer privilege affected the right to a fair trial. In addition, he is an adjunct assistant professor in the Law School of Trinity College Dublin.


Book Synopsis National Security Law in Ireland by : Eoin O'Connor

Download or read book National Security Law in Ireland written by Eoin O'Connor and published by Bloomsbury Publishing. This book was released on 2019-02-08 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: National security is becoming a global preoccupation. It drives some of the most important political discussions of today, and is increasingly present in public concerns. From a legal perspective, national security is becoming increasingly relevant in the fields of immigration and asylum law and media law in that can affect newspapers' ability to publish stories which concern national security issues. National Security Law in Ireland is the first book of its kind to provide an in-depth examination of the Irish laws concerning national security, in the context of the criminal trial. It covers a wide range of topics such as entrapment, surveillance and interception, the handling of informers, and the constitutional aspects of national security. Distinguishing features of the book include a detailed analysis of the Witness Protection Programme, an examination of recent judgments of the Superior Courts on deportation and naturalisation in relation to national security, as well as the most comprehensive examination of the origins of informer privilege and its development in Irish law to date. This book will be ideal for barristers and solicitors working in the areas of criminal law, asylum/refugee law and judicial review, as well as for those working in the Chief State Solicitor's Office, the Attorney General's Office, the Department of Justice, An Garda Síochána, and the Defence Forces. Eoin O'Connor is a practising barrister. He was called to the Bar in 2008 and began practising in 2009. In 2015 he was awarded his PhD which examined how informer privilege affected the right to a fair trial. In addition, he is an adjunct assistant professor in the Law School of Trinity College Dublin.

National Security Law, Procedure and Practice

National Security Law, Procedure and Practice

Author: Caroline Stone

Publisher: Oxford University Press

Published: 2024-03-21

Total Pages: 1105

ISBN-13: 0198895291

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A comprehensive, detailed and updated account of UK national security law in all its aspects, National Security Law, Procedure and Practice is the only book to collate and explain all the elements of law, both substantive and procedural, and the practical issues which may arise in national security litigation. The specialised nature of the subject makes this book a vital text, not only for those seeking an overview of national security law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases makes this book of interest to a wider audience seeking to understand the legal context of such cases. This new edition draws on the professional experience of a team of expert contributors and covers all recent legislation, case law and guidance. It provides a detailed explanation of the National Security Act 2023, which repeals and replaces the existing law relating to state threats. The new Act introduces significant new offences and executive powers, including the power to impose state threat prevention and investigation measures ('STPIMs'), and creates a new scheme for the registration of foreign political influence activities. The second edition also includes analysis of the landmark Supreme Court decision in Shamima Begum, which re-evaluates the respective roles of the government and the courts in national security matters and has ramifications throughout the work; a comprehensive explanation of the National Security and Investment Act 2021; a fully revised chapter on sanctions law; and an updated explanation of the continued impact of EU law on UK national security law. This second edition of National Security Law, Procedure and Practice will be an invaluable resource for judges, policymakers, legislators, oversight bodies, academic experts and students in a variety of legal fields.


Book Synopsis National Security Law, Procedure and Practice by : Caroline Stone

Download or read book National Security Law, Procedure and Practice written by Caroline Stone and published by Oxford University Press. This book was released on 2024-03-21 with total page 1105 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive, detailed and updated account of UK national security law in all its aspects, National Security Law, Procedure and Practice is the only book to collate and explain all the elements of law, both substantive and procedural, and the practical issues which may arise in national security litigation. The specialised nature of the subject makes this book a vital text, not only for those seeking an overview of national security law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases makes this book of interest to a wider audience seeking to understand the legal context of such cases. This new edition draws on the professional experience of a team of expert contributors and covers all recent legislation, case law and guidance. It provides a detailed explanation of the National Security Act 2023, which repeals and replaces the existing law relating to state threats. The new Act introduces significant new offences and executive powers, including the power to impose state threat prevention and investigation measures ('STPIMs'), and creates a new scheme for the registration of foreign political influence activities. The second edition also includes analysis of the landmark Supreme Court decision in Shamima Begum, which re-evaluates the respective roles of the government and the courts in national security matters and has ramifications throughout the work; a comprehensive explanation of the National Security and Investment Act 2021; a fully revised chapter on sanctions law; and an updated explanation of the continued impact of EU law on UK national security law. This second edition of National Security Law, Procedure and Practice will be an invaluable resource for judges, policymakers, legislators, oversight bodies, academic experts and students in a variety of legal fields.

Banking and Security Law in Ireland

Banking and Security Law in Ireland

Author: William Johnston

Publisher: Bloomsbury Publishing

Published: 2021-04-09

Total Pages: 876

ISBN-13: 1526518139

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Shortlisted for the DSBA Law Book of the Year Award 2020 Please note: In order to fully cover the many changes and developments since the first publication of Banking and Security in Ireland, the content has been massively extended. This means that this new edition is split into two titles: Banking and Security in Ireland by William Johnston and Consumer and SME Credit Law in Ireland by Nora Beausang. Both titles are available to purchase now. The long-awaited new edition of Banking and Security Law in Ireland provides a comprehensive update on the law in practice and the pitfalls involved in taking security over land, machinery, agricultural assets, shares, debts, deposits and their registration. This new edition covers the many changes in the 22 years since its first publication. It includes updated case law and legislation (including the new Companies Act) governing the relationship of banker and customer, bank confidentiality, facility letters, payment demands, appointment of receivers and the avoidance of guarantees and security including undue influence case law. (1) Execution including virtual execution and delivery of agreements (2) Impact of waiver of CPs for guarantors of loans, limited recourse loans, covenants and shadow directors, material adverse change clauses and transfers of loans (3) Extensive case law on guarantees and their enforceability over the past 10 years (4) New financial assistance approval procedures brought about by the 2014 Companies Act - commercial benefit in the giving of financial assistance, examinerships and guarantees and independent advice (5) An extensive chapter on security over land dealing with the 2009 Conveyancing Act applicable to charges and what may be excluded, the enforcement of security whether or not registered in the Land Registry as well as collating the many Law Society Practice notes and Regulations particularly on the conflicts of interest and High Court decisions on solicitors' undertakings (6) Updated security treatment on other assets as well as coverage of the EU financial collateral arrangements and the beneficial ownership regulations applicable to security over shares (7) Practical advice on the new registration of security under the Companies Act and the different ways of filing in the CRO as well as priority of security (8) A new chapter on making demands on borrowers and guarantors and the manner of appointing receivers covering also extensive new cases on proving debt and dealing with redacted documents being used by assignees to enforce security. This book's practical style is designed to assist bankers, practising lawyers and compliance professionals in the application of the ever-increasing and complex law of banking and security. Much of the content cannot be found in any other publication. An essential addition to the library of every practitioner and compliance professional in the banking area.


Book Synopsis Banking and Security Law in Ireland by : William Johnston

Download or read book Banking and Security Law in Ireland written by William Johnston and published by Bloomsbury Publishing. This book was released on 2021-04-09 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortlisted for the DSBA Law Book of the Year Award 2020 Please note: In order to fully cover the many changes and developments since the first publication of Banking and Security in Ireland, the content has been massively extended. This means that this new edition is split into two titles: Banking and Security in Ireland by William Johnston and Consumer and SME Credit Law in Ireland by Nora Beausang. Both titles are available to purchase now. The long-awaited new edition of Banking and Security Law in Ireland provides a comprehensive update on the law in practice and the pitfalls involved in taking security over land, machinery, agricultural assets, shares, debts, deposits and their registration. This new edition covers the many changes in the 22 years since its first publication. It includes updated case law and legislation (including the new Companies Act) governing the relationship of banker and customer, bank confidentiality, facility letters, payment demands, appointment of receivers and the avoidance of guarantees and security including undue influence case law. (1) Execution including virtual execution and delivery of agreements (2) Impact of waiver of CPs for guarantors of loans, limited recourse loans, covenants and shadow directors, material adverse change clauses and transfers of loans (3) Extensive case law on guarantees and their enforceability over the past 10 years (4) New financial assistance approval procedures brought about by the 2014 Companies Act - commercial benefit in the giving of financial assistance, examinerships and guarantees and independent advice (5) An extensive chapter on security over land dealing with the 2009 Conveyancing Act applicable to charges and what may be excluded, the enforcement of security whether or not registered in the Land Registry as well as collating the many Law Society Practice notes and Regulations particularly on the conflicts of interest and High Court decisions on solicitors' undertakings (6) Updated security treatment on other assets as well as coverage of the EU financial collateral arrangements and the beneficial ownership regulations applicable to security over shares (7) Practical advice on the new registration of security under the Companies Act and the different ways of filing in the CRO as well as priority of security (8) A new chapter on making demands on borrowers and guarantors and the manner of appointing receivers covering also extensive new cases on proving debt and dealing with redacted documents being used by assignees to enforce security. This book's practical style is designed to assist bankers, practising lawyers and compliance professionals in the application of the ever-increasing and complex law of banking and security. Much of the content cannot be found in any other publication. An essential addition to the library of every practitioner and compliance professional in the banking area.

Re-evaluating Irish national security policy

Re-evaluating Irish national security policy

Author: Michael Mulqueen

Publisher: Manchester University Press

Published: 2013-07-19

Total Pages: 278

ISBN-13: 1847797563

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On the afternoon of September 11 2001 the Irish Prime Minister (Taoiseach), Bertie Ahern ordered the ‘heads of the security services of key government departments’ to undertake a complete re-evaluation of measures to protect the state from attack. Hence, underway within hours of the 9/11 outrage in the United States was potentially the most far-reaching review of Irish national security in decades. This book, the first major academic investigation of Irish national security policy as it has operated since 9/11, provides a theoretically informed analysis of that re-evaluation and the decisions which have been taken as a consequence of it up until September 2008. In so doing it draws on unprecedented access to Ireland’s police, security and intelligence agencies; over twenty senior personnel agreed to be interviewed. Theoretically the author demonstrates the utility to the analysis of national security policy of three conceptual models of historical institutionalism, governmental politics and threat evaluation. The text is of interest to scholars of Security Studies, International Relations and Politics, as well as state and NGO personnel, journalists and general readers.


Book Synopsis Re-evaluating Irish national security policy by : Michael Mulqueen

Download or read book Re-evaluating Irish national security policy written by Michael Mulqueen and published by Manchester University Press. This book was released on 2013-07-19 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the afternoon of September 11 2001 the Irish Prime Minister (Taoiseach), Bertie Ahern ordered the ‘heads of the security services of key government departments’ to undertake a complete re-evaluation of measures to protect the state from attack. Hence, underway within hours of the 9/11 outrage in the United States was potentially the most far-reaching review of Irish national security in decades. This book, the first major academic investigation of Irish national security policy as it has operated since 9/11, provides a theoretically informed analysis of that re-evaluation and the decisions which have been taken as a consequence of it up until September 2008. In so doing it draws on unprecedented access to Ireland’s police, security and intelligence agencies; over twenty senior personnel agreed to be interviewed. Theoretically the author demonstrates the utility to the analysis of national security policy of three conceptual models of historical institutionalism, governmental politics and threat evaluation. The text is of interest to scholars of Security Studies, International Relations and Politics, as well as state and NGO personnel, journalists and general readers.

In from the Cold

In from the Cold

Author: Laurence Lustgarten

Publisher: Oxford University Press, USA

Published: 1994

Total Pages: 584

ISBN-13:

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Security and intelligence agencies are granted unparalleled powers, human rights are restricted, governments keep secrets from their citizens, and huge sums of public money are spent, all in the name of 'national security'. Beginning with a critical theoretical examination of 'national security' and arguing that this concept should be infused with values of democracy and human rights, the authors go on to discuss many important topics, including telephone tapping, bugging, and the collection and retention of personalinformation on file. Other issues analysed include employment vetting and security, detention and deportation, restrictions on the press, and the use of criminal law to stifle criticism. Finally, the mandate, powers, and mechanisms for executive and ministerial control of the security and intelligence agencies are scrutinized, the nearly-completed Scott Inquiry is considered, and the Intelligence Services Act 1994 is analysed in a detailed Coda. This comparative study draws upon a wide range of sources, and, uniquely, upon numerous interviews with security officials in the United Kingdom, Canada, and Australia. In From the Cold is a timely and comprehensive treatment of issues which continue to pose the greatest challenge to democratic states.


Book Synopsis In from the Cold by : Laurence Lustgarten

Download or read book In from the Cold written by Laurence Lustgarten and published by Oxford University Press, USA. This book was released on 1994 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Security and intelligence agencies are granted unparalleled powers, human rights are restricted, governments keep secrets from their citizens, and huge sums of public money are spent, all in the name of 'national security'. Beginning with a critical theoretical examination of 'national security' and arguing that this concept should be infused with values of democracy and human rights, the authors go on to discuss many important topics, including telephone tapping, bugging, and the collection and retention of personalinformation on file. Other issues analysed include employment vetting and security, detention and deportation, restrictions on the press, and the use of criminal law to stifle criticism. Finally, the mandate, powers, and mechanisms for executive and ministerial control of the security and intelligence agencies are scrutinized, the nearly-completed Scott Inquiry is considered, and the Intelligence Services Act 1994 is analysed in a detailed Coda. This comparative study draws upon a wide range of sources, and, uniquely, upon numerous interviews with security officials in the United Kingdom, Canada, and Australia. In From the Cold is a timely and comprehensive treatment of issues which continue to pose the greatest challenge to democratic states.

National Security Law and the Constitution

National Security Law and the Constitution

Author: Geoffrey S. Corn

Publisher: Aspen Publishing

Published: 2022-10-27

Total Pages: 1032

ISBN-13: 1543823416

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. National Security Law and the Constitution provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and it explores the multiple dimensions of that conflict. Specifically, the Second Edition comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law or international relations course. New to the Second Edition: New author Gary Corn is the program director for the Tech, Law and Security Program at American University Washington College of Law, and most recently served as the Staff Judge Advocate to U.S. Cyber Command, the capstone to a distinguished career spanning over twenty-seven years as a military lawyer Two new chapters: Chapter 1 (An Introduction to the “National Security” Constitution), and Chapter 17 (National Security in the Digital Age) Professors and students will benefit from: An organizational structure tailored to present these national powers as a coherent “big picture,” with the aim of understanding their interrelationship with each other, and the legal principles they share A comprehensive treatment of the relationship between constitutional, statutory, and international law, and the creation and implementation of policies to regulate the primary tools in the government’s national security arsenal Targeted case introductions and follow-on questions, enabling students to maximize understanding of the text Text boxes illustrating key principles with historical events, and highlight important issues, rules, and principles closely related to the primary sources Chapters that focus on primary or key authorities with limited diversion into secondary sources A text structure generally aligned to fit a three-hour, one-semester course offering


Book Synopsis National Security Law and the Constitution by : Geoffrey S. Corn

Download or read book National Security Law and the Constitution written by Geoffrey S. Corn and published by Aspen Publishing. This book was released on 2022-10-27 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. National Security Law and the Constitution provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and it explores the multiple dimensions of that conflict. Specifically, the Second Edition comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law or international relations course. New to the Second Edition: New author Gary Corn is the program director for the Tech, Law and Security Program at American University Washington College of Law, and most recently served as the Staff Judge Advocate to U.S. Cyber Command, the capstone to a distinguished career spanning over twenty-seven years as a military lawyer Two new chapters: Chapter 1 (An Introduction to the “National Security” Constitution), and Chapter 17 (National Security in the Digital Age) Professors and students will benefit from: An organizational structure tailored to present these national powers as a coherent “big picture,” with the aim of understanding their interrelationship with each other, and the legal principles they share A comprehensive treatment of the relationship between constitutional, statutory, and international law, and the creation and implementation of policies to regulate the primary tools in the government’s national security arsenal Targeted case introductions and follow-on questions, enabling students to maximize understanding of the text Text boxes illustrating key principles with historical events, and highlight important issues, rules, and principles closely related to the primary sources Chapters that focus on primary or key authorities with limited diversion into secondary sources A text structure generally aligned to fit a three-hour, one-semester course offering

National Security Law

National Security Law

Author: Stephen Dycus

Publisher:

Published: 2007

Total Pages: 1210

ISBN-13:

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Please Visit the Companion website: www.aspenlawschool.com/dycus_nationalsecurity4 For the broadest exploration of both constitutional and domestic law issues in national security, as well as thoughtful treatment of related international law topics


Book Synopsis National Security Law by : Stephen Dycus

Download or read book National Security Law written by Stephen Dycus and published by . This book was released on 2007 with total page 1210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Please Visit the Companion website: www.aspenlawschool.com/dycus_nationalsecurity4 For the broadest exploration of both constitutional and domestic law issues in national security, as well as thoughtful treatment of related international law topics

National Security Law

National Security Law

Author: Stephen Dycus

Publisher: Aspen Publishers

Published: 2016

Total Pages: 0

ISBN-13: 9781454868323

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The 6th edition of National Security Law not only updates the leading casebook in this field with recent developments, but adds new chapters on extraterritoriality, cyber operations, bulk collection, the structure of habeas, and the procedural path to terrorism trials. Because the continuing rapid growth of the field and of relevant materials has made them harder to teach, this edition also for the first time makes substantial changes in their presentation to make them more teachable. The co-authors have provided questions before each principal case to guide the reader; streamlined the notes and questions after the cases to make them easier to read; and summarized basic principles in a new feature at the end of each chapter. The result is a book that is not only current and comprehensive, but significantly easier to read and teach.


Book Synopsis National Security Law by : Stephen Dycus

Download or read book National Security Law written by Stephen Dycus and published by Aspen Publishers. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 6th edition of National Security Law not only updates the leading casebook in this field with recent developments, but adds new chapters on extraterritoriality, cyber operations, bulk collection, the structure of habeas, and the procedural path to terrorism trials. Because the continuing rapid growth of the field and of relevant materials has made them harder to teach, this edition also for the first time makes substantial changes in their presentation to make them more teachable. The co-authors have provided questions before each principal case to guide the reader; streamlined the notes and questions after the cases to make them easier to read; and summarized basic principles in a new feature at the end of each chapter. The result is a book that is not only current and comprehensive, but significantly easier to read and teach.

In the Common Defense

In the Common Defense

Author: James E. Baker

Publisher: Cambridge University Press

Published: 2007-05-21

Total Pages: 405

ISBN-13: 113946518X

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The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It will also depend on whether we effectively manage national security processes and apply the law in a manner that both enhances security and upholds our core values. As a result, lawyers, not just presidents, generals, and spies, will decide the outcome of this conflict. This book, first published in 2007, is essential for anyone wanting an understanding of national security law and process. The book includes chapters on constitutional law, the use of force, and homeland security, presented in the context of today's threats and as applied to issues like rendition and electronic surveillance.


Book Synopsis In the Common Defense by : James E. Baker

Download or read book In the Common Defense written by James E. Baker and published by Cambridge University Press. This book was released on 2007-05-21 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It will also depend on whether we effectively manage national security processes and apply the law in a manner that both enhances security and upholds our core values. As a result, lawyers, not just presidents, generals, and spies, will decide the outcome of this conflict. This book, first published in 2007, is essential for anyone wanting an understanding of national security law and process. The book includes chapters on constitutional law, the use of force, and homeland security, presented in the context of today's threats and as applied to issues like rendition and electronic surveillance.

Executive Measures, Terrorism and National Security

Executive Measures, Terrorism and National Security

Author: Professor David Bonner

Publisher: Ashgate Publishing, Ltd.

Published: 2013-01-28

Total Pages: 392

ISBN-13: 140949344X

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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.


Book Synopsis Executive Measures, Terrorism and National Security by : Professor David Bonner

Download or read book Executive Measures, Terrorism and National Security written by Professor David Bonner and published by Ashgate Publishing, Ltd.. This book was released on 2013-01-28 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.