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

by Bonner,David

• ISBN13: 9780754647560
• ISBN10: 0754647560
• Format: Hardcover
• Copyright: 2016-02-19
• Publisher: Routledge

Summary

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.

Table of Contents

Foreword

Preface

Introduction and Overview

Perspectives, themes and concepts

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

After 9/11

Have the Rules of the Game Changed?

After 9/11: overview and context

Executive measures after 9/11: the powers and their use

Challenge mechanisms

Legal challenges and human rights issues

Conclusion

Retrospective and reflective

Bibliography

Index

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