Executive measures, terrorism, and national security : have the rules of the game changed?

David Bonner

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.

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  • Foreword
  • preface
  • Part I Introduction: Themes and concepts. Part II 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. Part III After 9/11: Have the Rules of the Game Changed?: Overview and context
  • The nature and use of executive measures after 9/11
  • Challenge mechanisms
  • Legal challenge and human rights. Part IV Conclusion: retrospective and reflective
  • Bibliography
  • Index.

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書名 Executive measures, terrorism, and national security : have the rules of the game changed?
著作者等 Bonner, David
出版元 Ashgate
刊行年月 c2007
ページ数 xv, 371 p.
大きさ 24 cm
ISBN 9780754647560
NCID BA84026623
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言語 英語
出版国 イギリス