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: 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: John Jackson
Publisher: Routledge
ISBN: 1315278758
Category : Law
Languages : en
Pages : 240
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Book Description
The last twenty years have seen an unprecedented rise in the use of secret courts or ‘closed material proceedings’ largely brought about in response to the need to protect intelligence sources in the fight against terrorism. This has called into question the commitment of legal systems to long-cherished principles of adversarial justice and due process. Foremost among the measures designed to minimise the prejudice caused to parties who have been excluded from such proceedings has been the use of ‘special advocates’ who are given access to sensitive national security material and can make representations to the court on behalf of excluded parties. Special advocates are now deployed across a range of administrative, civil and criminal proceedings in many common law jurisdictions including the UK, Canada, New Zealand, Hong Kong and Australia. This book analyses the professional services special advocates offer across a range of different types of closed proceedings. Drawing on extensive interviews with special advocates and with lawyers and judges who have worked with them, the book examines the manner in which special advocates are appointed and supported, how their position differs from that of ordinary counsel within the adversarial system, and the challenges they face in the work that they do. Comparisons are made between different special advocate systems and with other models of security-cleared counsel, including that used in the United States, to consider what changes might be made to strengthen their adversarial role in closed proceedings. In making an assessment of the future of special advocacy, the book argues that there is a need to reconceptualise the unique role that special advocates play in the administration of justice.
Author: Helen Duffy
Publisher: Cambridge University Press
ISBN: 1316194248
Category : Political Science
Languages : en
Pages : 1071
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Book Description
Helen Duffy's analysis of international law and practice in relation to terrorism and counter-terrorism provides a framework for analysing the lawfulness of the many legislative, policy and judicial developments which have proliferated since 9/11. Among the many specific issues she addresses are targeted killings and the death of Osama bin Laden, detentions (including Guantanamo Bay), sanctions regimes, surveillance, extraordinary renditions, the prohibition on 'association' or 'support' for terrorism and the evolving preventive role of criminal law. She also considers the unfolding responses to political and judicial wrongs committed in the war on terror, such as the impact of the courts on human rights protection. While exploring areas of controversy, uncertainty and flux, she questions post-9/11 allegations of gaping holes, inadequacies or transformation in the international legal order and concludes by highlighting characteristics of the 'war on terror' and questioning its longer term implications.
Author: Mark Elliott
Publisher: Oxford University Press, USA
ISBN: 0199665184
Category : Law
Languages : en
Pages : 897
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Book Description
'Public Law' is an introductory textbook that offers a mixture of black letter law and political analysis to give students an excellent grounding in the subject. It covers all of the key topics on undergraduate courses and includes a number of pedagogical features to aid understanding.
Author: Thomas Würtenberger
Publisher: LIT Verlag Münster
ISBN: 364311561X
Category : Internal security
Languages : en
Pages : 355
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Book Description
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: Anneliese Baldaccini
Publisher: BRILL
ISBN: 9047409841
Category : Law
Languages : en
Pages : 454
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Book Description
This volume traces the developments in the laws and practices of the European Union and five of its Member States (the United Kingdom, Germany, France, the Netherlands, and Italy) at two points in time: first at the time of the Gulf War following Iraq’s invasion of Kuwait in August 2000; secondly, following the terrorist attacks in the United States on 11 September 2001. The focus is on the legal status of immigrants and asylum seekers and how that legal status is being modified on grounds of security-related measures adopted over a period of about ten years. Particularly, the question is whether and how far situations have come into existence, which could be considered to be in conflict with fundamental principles of human rights.
Author: Michael A. Newton
Publisher:
ISBN: 019975781X
Category : Law
Languages : en
Pages : 375
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Book Description
Terrorism: International Case Law Reporter is the only print reporter of terrorism-related cases from jurisdictions worldwide. Volume Two of this year's edition covers constitutional challenges, human rights, and civil liberties.
