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Author: Fergal Davis
Publisher: Routledge
ISBN: 1134095279
Category : Law
Languages : en
Pages : 355
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Book Description
The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies. This book brings together leading legal scholars in the field of counter-terrorism and constitutional law, and focuses their attention on the issue of surveillance. The breadth of topics covered in this collection include: the growth and diversification of mechanisms of mass surveillance, the challenges that technological developments pose for constitutionalism, new actors in the surveillance state (such as local communities and private organisations), the use of surveillance material as evidence in court, and the effectiveness of constitutional and other forms of review of surveillance powers. The book brings a strong legal focus to the debate surrounding surveillance and counter-terrorism, and draws important conclusions about the constitutional implications of the expansion of surveillance powers after 9/11.
Author: Fergal Davis
Publisher: Routledge
ISBN: 1134095279
Category : Law
Languages : en
Pages : 355
Get Book
Book Description
The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies. This book brings together leading legal scholars in the field of counter-terrorism and constitutional law, and focuses their attention on the issue of surveillance. The breadth of topics covered in this collection include: the growth and diversification of mechanisms of mass surveillance, the challenges that technological developments pose for constitutionalism, new actors in the surveillance state (such as local communities and private organisations), the use of surveillance material as evidence in court, and the effectiveness of constitutional and other forms of review of surveillance powers. The book brings a strong legal focus to the debate surrounding surveillance and counter-terrorism, and draws important conclusions about the constitutional implications of the expansion of surveillance powers after 9/11.
Author: D. Cole
Publisher: Edward Elgar Publishing
ISBN: 1781953864
Category : Law
Languages : en
Pages : 369
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Book Description
ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking Ôstate secretsÕ, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.
Author: Federico Fabbrini
Publisher: Edward Elgar Publishing
ISBN: 1784715395
Category : Law
Languages : en
Pages : 368
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Book Description
This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.
Author: Sudha Setty
Publisher: Cambridge University Press
ISBN: 110713062X
Category : Law
Languages : en
Pages : 247
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Book Description
This book considers how excessive national security secrecy undercuts democracy and the rule of law, necessitating comparative and critical analysis toward potential reforms.
Author: Professor James Beckman
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409498182
Category : Political Science
Languages : en
Pages : 208
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Book Description
The spectre and fear of another terrorist attack looms large for most of the world's citizenry and for the domestic law agencies charged with protecting these citizens and countries. This book explores how various countries have dealt with or are dealing with homeland security in the aftermath of terrorist attacks such as 9/11, the underground tube attacks in London in 2005, the Madrid train bombing in Spain, and compares global approaches and lessons to the US and the world. This unique study looks at homeland security law and policy utilizing a comparative analysis methodology ideal for those interested in law and security.
Author: Russell A. Miller
Publisher: Routledge
ISBN: 1134064438
Category : History
Languages : en
Pages : 486
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Book Description
This volume examines the investigation by the 1975 Senate Select Committee ( Church Committee ) into US intelligence abuses during the Cold War, and considers its lessons for the currentwar on terror. This report remains the most thorough public record of America‘s intelligence services, and many of the legal boundaries operating on US intellige
Author: Kent Roach
Publisher: Cambridge University Press
ISBN: 1107057078
Category : Law
Languages : en
Pages : 839
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Book Description
This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.
Author: Martha Crenshaw
Publisher: Russell Sage Foundation
ISBN: 161044728X
Category : Political Science
Languages : en
Pages : 432
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Book Description
The 9/11 terrorist attacks opened America's eyes to a frightening world of enemies surrounding us. But have our eyes opened wide enough to see how our experiences compare with other nations' efforts to confront and prevent terrorism? Other democracies have long histories of confronting both international and domestic terrorism. Some have undertaken progressively more stringent counterterrorist measures in the name of national security and the safety of citizens. The Consequences of Counterterrorism examines the political costs and challenges democratic governments face in confronting terrorism. Using historical and comparative perspectives, The Consequences of Counterterrorism presents thematic analyses as well as case studies of Britain, France, Germany, Spain, Japan, and Israel. Contributor John Finn compares post-9/11 antiterrorism legislation in the United States, Europe, Canada, and India to demonstrate the effects of hastily drawn policies on civil liberties and constitutional norms. Chantal de Jonge Oudraat and Jean-Luc Marret assert that terrorist designation lists are more widespread internationally than ever before. The authors examine why governments and international organizations use such lists, how they work, and why they are ineffective tools. Gallya Lahav shows how immigration policy has become inextricably linked to security in the EU and compares the European fear of internal threats to the American fear of external ones. A chapter by Dirk Haubrich explains variation in the British government's willingness to compromise democratic principles according to different threats. In his look at Spain and Northern Ireland, Rogelio Alonso asserts that restricting the rights of those who perpetrate ethnonationalist violence may be acceptable in order to protect the rights of citizens who are victims of such violence. Jeremy Shapiro considers how the French response to terrorist threats has become more coercive during the last fifty years. Israel's "war model" of counterterrorism has failed, Ami Pedahzur and Arie Perliger argue, and is largely the result of the military elite's influence on state institutions. Giovanni Cappocia explains how Germany has protected basic norms and institutions. In contrast, David Leheny stresses the significance of change in Japan's policies. Preventing and countering terrorism is now a key policy priority for many liberal democratic states. As The Consequences of Counterterrorism makes clear, counterterrorist policies have the potential to undermine the democratic principles, institutions, and processes they seek to preserve.
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681
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Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: Ian Berle
Publisher: Springer Nature
ISBN: 3030368874
Category : Law
Languages : en
Pages : 221
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Book Description
This book examines how face recognition technology is affecting privacy and confidentiality in an era of enhanced surveillance. Further, it offers a new approach to the complex issues of privacy and confidentiality, by drawing on Joseph K in Kafka’s disturbing novel The Trial, and on Isaiah Berlin’s notion of liberty and freedom. Taking into consideration rights and wrongs, protection from harm associated with compulsory visibility, and the need for effective data protection law, the author promotes ethical practices by reinterpreting privacy as a property right. To protect this right, the author advocates the licensing of personal identifiable images where appropriate. The book reviews American, UK and European case law concerning privacy and confidentiality, the effect each case has had on the developing jurisprudence, and the ethical issues involved. As such, it offers a valuable resource for students of ethico-legal fields, professionals specialising in image rights law, policy-makers, and liberty advocates and activists.
