Government Response to the Constitutional Affairs Select Committees Report Into the Operation of the Special Immigration Appeals Commission (SIAC) and the Use of Special Advocates PDF Download
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Author: Great Britain: Department for Constitutional Affairs
Publisher:
ISBN: 9780101659628
Category : Law
Languages : en
Pages : 14
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Book Description
This document sets out the Governments response to the Committees report (HCP 323-I, session 2004-05; ISBN 021502379X) on the new system of control orders established by the Prevention of Terrorism Act 2005 (2005, c.2, ISBN 0105402052). This system will extend the role of Special Advocates, which are lawyers appointed to represent appellants within the closed hearing system before the Special Immigration Appeals Commission (SIAC) who have security clearance to examine material kept secret from the appellant and his/her ordinary lawyers.
Author: Great Britain: Department for Constitutional Affairs
Publisher:
ISBN: 9780101659628
Category : Law
Languages : en
Pages : 14
Get Book Here
Book Description
This document sets out the Governments response to the Committees report (HCP 323-I, session 2004-05; ISBN 021502379X) on the new system of control orders established by the Prevention of Terrorism Act 2005 (2005, c.2, ISBN 0105402052). This system will extend the role of Special Advocates, which are lawyers appointed to represent appellants within the closed hearing system before the Special Immigration Appeals Commission (SIAC) who have security clearance to examine material kept secret from the appellant and his/her ordinary lawyers.
Author: Great Britain. Parliament. House of Commons. Constitutional Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215023797
Category : Law
Languages : en
Pages : 60
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Book Description
The new system of control orders established by the Prevention of Terrorism Act 2005 (2005, c.2, ISBN 0105402052) will extend the role of Special Advocates (lawyers appointed to represent appellants within the closed hearing system before the Special Immigration Appeals Commission (SIAC) who have security clearance to examine material kept secret from the appellant and his/her ordinary lawyers). In light of this, the Committees report examines the operation of the Special Immigration Appeals Commission (SIAC) over the last eight years and the use of Special Advocates, in order to identify lessons to be learned to ensure the adequacy of procedural safeguards in the future system. Issues considered include: the background to SIAC and the passing of the 2005 Act; the operation of SIAC and its impact on the legal and human rights of appellants; the Special Advocate system as it operated under SIAC and its extension into the High Court. The Committee concludes that there are a number of defects with the Special Advocate system as it operated through SIAC, and a number of improvements can be made to improve its use under the 2005 Act, including the establishment of an Office of the Special Advocates to ensure provision of appropriate expert support and facilities, and that appellants are offered, where practical, a choice of Special Advocate from a security-cleared pool.
Author: Great Britain. Parliament. House of Commons. Constitutional Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215023889
Category : Political Science
Languages : en
Pages : 92
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Book Description
operation of the Special Immigration Appeals Commission (SIAC) and the use of special Advocates : Seventh report of session 2004-05, Vol. 2: Oral and written Evidence
Author: Professor David Bonner
Publisher: Ashgate Publishing, Ltd.
ISBN: 140949344X
Category : Law
Languages : en
Pages : 392
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Book Description
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.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 11
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Book Description
Author: Ian Leigh
Publisher: Bloomsbury Publishing
ISBN: 1847314511
Category : Law
Languages : en
Pages : 370
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Book Description
Ten years after the passing of the Human Rights Act 1998, it is timely to evaluate the Act's effectiveness. The focus of Making Rights Real is on the extent to which the Act has delivered on the promise to 'bring rights home'. To that end the book considers how the judiciary, parliament and the executive have performed in the new roles that the Human Rights Act requires them to play and the courts' application of the Act in different legal spheres. This account cuts through the rhetoric and controversy surrounding the Act, generated by its champions and detractors alike, to reach a measured assessment. The true impact in public law, civil law, criminal law and on anti-terrorism legislation are each considered. Finally, the book discusses whether we are now nearer to a new constitutional settlement and to the promised new 'rights culture'.
Author: Clive Walker
Publisher: Oxford University Press
ISBN: 0199561176
Category : Law
Languages : en
Pages : 629
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Book Description
Terrorism law and legal practice has been politically and socially controversial to a degree beyond almost any other legal issue during the past few years, and this analytical text contains extensive analysis of these controversies. Terrorism and the Law offers a thoughtful and up-to-date discussion of all the key materials on terrorism law. It provides comprehensive coverage of all the major domestic, European, and international laws, and their impact on the UK. It also contains an extensive examination of the implementation of these terrorism laws, and of the practical issues they raise. The book contains three Parts. Part I focuses on meanings of 'terrorism' in law and political science. It provides the reader with an understanding of the phenomenon and the legal concept, including its statutory definitions, which is essential to the book's assessment of the strategies and tactics adopted in the codes of laws. It also covers normative constraints, such as human rights. Part II focuses on the United Kingdom law. It provides extensive coverage of the major UK terrorism legislation, such as: the Terrorism Act 2000; the Anti-Terrorism, Crime and Security Act 2001; the Prevention of Terrorism Act 2005; the Terrorism Act 2006; the Terrorism (Northern Ireland) Act 2006; the Justice and Security (Northern Ireland) Act 2007; and the Counter-Terrorism Act 2008. It also examines the key laws and rules relating to terrorism policing and legal processes. It discusses the meaning of these legislative materials, as well as their implementation, and includes reference to case law and practice statements from the police and courts. Part III reflects the impact of European, international and transnational laws and practices, covering international transnational cooperation and extradition, key European Union law measures against terrorism, other international law measures against terrorist activities, and international human rights and terrorism.
Author: Great Britain. Parliament. House of Commons
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 1040
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Book Description
Author: Great Britain. Parliament. House of Commons
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 412
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Book Description
Author: Miriam Gani
Publisher: ANU E Press
ISBN: 1921313749
Category : Social Science
Languages : en
Pages : 440
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Book Description
On 20 September 2001, in an address to a Joint Session of Congress and the American people, President George W Bush declared a 'war on terror'. The concept of the 'war on terror' has proven to be both an attractive and a potent rhetorical device. It has been adopted and elaborated upon by political leaders around the world, particularly in the context of military action in Afghanistan and Iraq. But use of the rhetoric has not been confined to the military context. The 'war on terror' is a domestic one, also, and the phrase has been used to account for broad criminal legislation, sweeping agency powers and potential human rights abuses throughout much of the world. This collection seeks both to draw on and to engage critically with the metaphor of war in the context of terrorism. It brings together a group of experts from Australia, Canada, the United Kingdom, France and Germany who write about terrorism from a variety of disciplinary perspectives including international law and international relations, public and constitutional law, criminal law and criminology, legal theory, and psychology and law.
