9780716526872

Counter-Terrorist Law and Emergency Powers in the United Kingdom

by
  • ISBN13:

    9780716526872

  • ISBN10:

    0716526875

  • Format: Hardcover
  • Copyright: 2000-08-01
  • Publisher: Irish Academic Pr

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Summary

Counter-terrorist Law and Emergency Powers in the United Kingdom, 1922-2000 examines in detail the introduction and development of the 1922-1943 Civil Authorities (Special Powers) Acts (SPA), the use of which contributed to the fall of the Northern Ireland parliament and the assumption of direct rule by Westminster. The book reveals over 100 Regulations that the northern executive introduced under this legislation which escaped analysis. The 1973 Northern Ireland (Emergency Powers) Act was drawn almost wholly from Regulations introduced under the Northern Ireland Stormont regime. Similarly, the 1974 Prevention of Terrorism (Temporary Provisions) Act drew on legislation previously in place. The book examines not only the statutes themselves, but also why they failed to be temporary measures and became firmly ensconced in the British response to Northern Ireland. This discourse of rights leads into consideration of European counter-terrorist legislation and cases brought before the Europ

Author Biography

Laura K. Donohue, a Fellow at Harvard University's John F. Kennedy School of Government, completed her PhD in British and Irish History at the University of Cambridge. Her research builds on an MA Dist. in War and Peace Studies, which she received from the University of Ulster, and a BA Hons in Philosophy, which she obtained from Dartmouth College

Table of Contents

List of Acts
xi
Acknowledgements xvii
Introduction xix
Emergency Powers and the Inception of The Northern State Emergency Measures
1(39)
Emergency Measures
8(8)
1922-33 Special Powers Acts
16(15)
Delegations Under the 1922-33 SPAs
23(5)
Mode of Trail and Penalties
28(2)
Control of Inquests
30(1)
1933-43 Special Powers Acts
31(7)
Conclusion
38(2)
Regulating Northern Ireland 1922-1972
40(77)
Addressing Civil Disorder: Regulations Immediately Following Partition
43(29)
Detention, Restriction and Internment
44(19)
Curfew
63(1)
Closing of Licensed Premises
64(2)
Sale and Transfer of Explosives
66(2)
Blocking Up of Roads
68(1)
Powers of Entry, Search and Seizure
69(3)
Addressing Republicanism
72(31)
Prohibition of Meetings, Assemblies and Processions
72(15)
Censorship
87(7)
Erection of Monuments
94(1)
Flying of the Tricolour and Rendering of 'A Soldier's Song'
95(5)
Proscription
100(3)
Additional Powers Exercised under the 1922-43 SPAs
103(10)
Refusal to Recognise the Court
103(2)
Powers of Questioning
105(2)
Identity Documents
107(1)
Military Drilling and Use of Military Uniforms
108(2)
Miscellaneous Provisions
110(3)
Conclusion
113(4)
Special Powers Re-Named: Direct Rule and the Transfer of Emergency Powers 1972-1973
117(39)
The Diplock Commission
123(4)
The 1973 Northern Ireland (Emergency Provisions) Act
127(3)
Special Powers Re-enacted
130(23)
Detention and Internment
131(4)
Closing of Licensed Premises
135(3)
Blocking up of Roads and Use of Vehicles
138(3)
Powers of Entry, Search and Seizure
141(1)
Possession of Property and Land
142(1)
Compendation
142(3)
Prohibition of Meetings, Assemblies and Processions
145(2)
Proscription
147(4)
Collection of Information on Security Forces
151(1)
Prosection of Offences
151(2)
Provision for the Discretionary Introduction of Further Measures
153(1)
Conclusion
154(2)
The 1973 Northern Ireland (Emergency Provisions) Act Evolves: Counter-Terrorist Legislation in Northern Ireland 1973-1996
156(51)
Reiterating Diplock
158(3)
Stricking New Ground
161(13)
The H-Block Campaign
174(1)
The 1978 Northern Ireland (Emergency Provisions) Act
175(3)
The Supergrass System
178(1)
Baker
179(7)
Anglo-Irish Relations
186(3)
The 1987 Northern Ireland (Emergency Provisions) Act
189(2)
Supplementary Provisions
191(4)
The 1991 Northern Ireland (Emergency Provisions) Act
195(5)
The 1996 Northern Ireland (Emergency Provisions) Act
200(6)
Conclusion
206(1)
Emergency Powers in Great Britain 1939-1996
207(52)
The 1939 Prevention of Violence (Temporary Provisions) Act
208(8)
The 1974 Prevention of Terrorism (Temporary Provisions) Act
216(12)
Powers of Proscription
218(3)
Powers of Exclusion
221(2)
Powers of Arrest and Detention
223(2)
Additional Powers under Deliberation
225(3)
Interim Developments
228(3)
The 1976 Prevention of Terrorism (Temporary Provisions) Act
231(4)
Shackleton
235(5)
Calling for a Review: The Jellicoe Report
240(7)
The 1984 Prevention of Terrorism (Temporary Provisions) Act
247(3)
Review and Development
250(3)
The 1989 Prevention of Terrorism (Temporary Provisions) Act
253(2)
The 1996 Prevention of Terrorism (Additional Powers) Act
255(3)
Conclusion
258(1)
Counter-Terrorist Legislation 1996-2000
259(47)
The Lloyd Review
262(4)
Political Manoeuvres
266(6)
Labour and Emergency Law
272(5)
The 1998 Northern Ireland (Emergency Provisions) Act
277(7)
The Belfast Agreement
284(2)
The 1998 Criminal Justice (Terrorism and Conspiracy) Act
286(18)
Conclusion
304(2)
Temporary Permanence: Emergency Powers 1922-2000
306(49)
Characteristics of Emergency Legislation
308(16)
Formal Considerations
308(5)
Criminal Law and Emergency Measures
313(3)
Import of Emergency Legislation
316(6)
Impact on Violence
322(2)
Historical Considerations
324(7)
Internal Divisions and the Physical Force Tradition
324(3)
Prior Emergency Measures
327(1)
Perceptions from Westminster
328(3)
Setting of Boundaries
331(22)
Reason of State versus Salus Populi Suprema Lex
331(9)
Mitigating Measures
340(2)
Emergence of a 'Hierarchy of Rights'
342(3)
The International Arena
345(8)
Concluding Remarks
353(2)
Appendix A: Murders and Attempted Murders in Northern Ireland November 1921-May 1923 355(1)
Appendix B: Principal Regulations under the 1922 Civil Authorities (Special Powers) Act (Northern Ireland) 356(2)
Appendix C: Statutory Rules and Orders Introduced under the 1922-1943 Civil Authorities (Special Powers) Act (Northern Ireland) 358(7)
Endnotes 365(34)
Bibliography 399(12)
Index 411

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