Executive Measures Terrorism And National Security

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Executive Measures Terrorism And National Security

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Author : David Bonner
language : en
Publisher: Routledge
Release Date : 2016-04-15

Executive Measures Terrorism And National Security written by David Bonner and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Law categories.

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.

Counter Terrorism

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Author : Ana María Salinas de Frías
language : en
Publisher: Oxford University Press
Release Date : 2012-01-19

Counter Terrorism written by Ana María Salinas de Frías and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-19 with Law categories.

Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.

Judicial Review Of National Security

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Author : David Scharia
language : en
Publisher: Oxford University Press, USA
Release Date : 2015

Judicial Review Of National Security written by David Scharia and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.

In recent years, countries around the world introduced numerous national security programs and military campaigns. Despite the complex legal questions they raise, very few of these measures have been the subject of rigorous judicial review. Nevertheless, the absence of real-time review has had an enormous effect on human rights, rule of law, and on national security. The Supreme Court of Israel provides an excellent case study of a different approach, which allows judges to assess military action in real-time and to issue non-binding results of their evaluation. This raises the question: How was the Court actually able to uphold this challenge? In Judicial Review of National Security, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review. This book aims to show that if one Supreme Court was able to provide rigorous judicial review of national security in real-time, then we should reconsider the conventional wisdom regarding the limits of judicial review of national security.

Secrecy National Security And The Vindication Of Constitutional Law

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Author : D. Cole
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013

Secrecy National Security And The Vindication Of Constitutional Law written by D. Cole and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.

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.

National Security Law Procedure And Practice

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Author : Caroline Stone
language : en
Publisher: Oxford University Press
Release Date : 2024-03-21

National Security Law Procedure And Practice written by Caroline Stone and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-21 with Law categories.

A comprehensive, detailed and updated account of UK national security law in all its aspects, National Security Law, Procedure and Practice is the only book to collate and explain all the elements of law, both substantive and procedural, and the practical issues which may arise in national security litigation. The specialised nature of the subject makes this book a vital text, not only for those seeking an overview of national security law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases makes this book of interest to a wider audience seeking to understand the legal context of such cases. This new edition draws on the professional experience of a team of expert contributors and covers all recent legislation, case law and guidance. It provides a detailed explanation of the National Security Act 2023, which repeals and replaces the existing law relating to state threats. The new Act introduces significant new offences and executive powers, including the power to impose state threat prevention and investigation measures ('STPIMs'), and creates a new scheme for the registration of foreign political influence activities. The second edition also includes analysis of the landmark Supreme Court decision in Shamima Begum, which re-evaluates the respective roles of the government and the courts in national security matters and has ramifications throughout the work; a comprehensive explanation of the National Security and Investment Act 2021; a fully revised chapter on sanctions law; and an updated explanation of the continued impact of EU law on UK national security law. This second edition of National Security Law, Procedure and Practice will be an invaluable resource for judges, policymakers, legislators, oversight bodies, academic experts and students in a variety of legal fields.

Confronting Terror

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Author : Dean Reuter
language : en
Publisher: Encounter Books
Release Date : 2011-08-23

Confronting Terror written by Dean Reuter and has been published by Encounter Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-23 with Political Science categories.

After the September 11, 2001 attacks the United States went to war. With thousands of Americans killed, billions of dollars in damage, and aggressive military and security measures in response, we are still living with the war a decade later. A change of presidential administration has not dulled controversy over the most fundamental objectives, strategies and tactics of the war, or whether it is even a war. This book clears the air over the meaning of 9/11, and sets the stage for a reasoned, clear, and considered discussion of the future with a collection of essays commemorating the 10th anniversary of the attacks. The contributors include supporters and critics of the war on terrorism, policymakers and commentators, insiders and outsiders, and some of the leading voices inside and outside government.

Counterterrorism Democracy S Challenge

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Author : Andrea Bianchi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-07-30

Counterterrorism Democracy S Challenge written by Andrea Bianchi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-30 with Law categories.

Terrorist violence is no novelty in human history and, while government reactions to it have varied over time, some lessons can be learnt from the past. Indeed, the debate on when and how a state should use emergency powers that limit individual freedoms is nearly as old as the history of political thought. After reviewing some history of state responses to terrorist violence and their efficacy, this book sets out to assess the effects of contemporary counterterrorism law and policies on democratic states. In particular, it considers the interaction between national and international law in shaping and implementing anti-terror measures, and the difficult role of the judiciary in striking a balance between security concerns and fundamental rights. It also examines the strains this has caused on some democracies, especially a blurring in the separation of powers between the legislative, executive and judicial branches of government, giving reason to enquire afresh whether new paradigms are needed. Finally, the issue of whether the doctrine of constitutionalism can provide an appropriate frame of analysis to encapsulate current developments in international law in response to terrorism is broached. By drawing on the expertise of historians, political scientists and lawyers, this book promotes transdisciplinary dialogue, recognising that counterterrorism is an issue at the intersection of law and politics that has profound implications for democratic institutions and practices.

The National Security Constitution

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Author : Paul F Scott
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-05-17

The National Security Constitution written by Paul F Scott and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-17 with Law categories.

This book addresses the various ways in which modern approaches to the protection of national security have impacted upon the constitutional order of the United Kingdom. It outlines and assesses the constitutional significance of the three primary elements of the United Kingdom's response to the possibility of terrorism and other phenomena that threaten the security of the state: the body of counter-terrorism legislation that has grown up in the last decade and a half; the evolving law of investigatory powers; and, to the extent relevant to the domestic constitution, the law and practice governing international military action and co-operation. Following on from this, the author demonstrates that considerations of national security – as a good to be protected and promoted in contemporary Britain – are reflected not merely in the existence of discrete bodies of law by which it is protected at home and abroad, but simultaneously and increasingly leaked into other areas of public law. Elements of the constitution which are not directly and inherently linked to national security nevertheless become (by both accident and design) implicated in the state's national security endeavours, with significant and at times far-reaching consequences for the constitutional order generally. A renewed and strengthened concern for national security since September 2001 has, it is argued, dragged into its orbit a variety of constitutional phenomena and altered them in its image, giving rise to what we might call a national security constitution.

Terrorism

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Author : Robert A. Friedlander
language : en
Publisher: Dobbs Ferry, N.Y. : Oceana Publications, 1979-c1981.
Release Date : 1979

Terrorism written by Robert A. Friedlander and has been published by Dobbs Ferry, N.Y. : Oceana Publications, 1979-c1981. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Political Science categories.

This series is an extensive collection of significant documents covering all major and minor issues and events regarding terrorism. Government reports, executive orders, speeches, court proceedings, and position papers are presented in full text reprint. The entire set records and explains terrorism as it has evolved over 25 years. It examines the efforts of Western societies to safely combat conventional and unconventional terrorist attacks the world over,including those in: Israel, Northern Ireland, Lebanon, Central and South America, Western Europe, The United Kingdom, and The United States. It illustrates the evolution of international law regarding: The definition of terrorism The prosecution and sentencing of terrorists Extradition of international criminals Enforcement of the death penalty Definitions of cruel and unusual punishment Cyberterrorism Weapons of mass destruction Biological and chemical agents Asylum for politically-motivated terrorists Terrorist use of the mediaIncluded are detailed reports from several organizations on terrorist groups, their activities, weapons acquisition, technical capabilities, state sponsorship, political ideology and targets. The set also offers investigative reports of major terrorist related incidents. The examination of terrorist incidents in this set establishes the necessity for package inspections, explosive detection, anti-terrorism personnel, and related programs. It also examines expansion of these measures and policies from air transport facilities to other transportation centers - such as train stations, bus terminals, toll plazas, border crossings, and mail service facilities. Documents are provided to illustrate ongoing attempts to control and prevent terror-violence from the U.S., U.N., U.K., France, the European Council, Interpol, and other active groups. The set is thorough regarding the development of strategies for handling kidnappings, hostage situations, bombings, assassinations, and unconventional attacks. The series may be purchased as a whole, or a new subscription may be started by purchasing the most recently published volume. The series may also be purchased in part from Volumes 1 to 13, or a subscription may be started from any volume, after Volume 14, to the current volume. Volumes 1-13Contain commentary and primary source documents that establish an historical context for developments in terrorism. Commentary presents an historical overview of 19th and 20th century terrorism, post WWII developments, and comments on the future of terrorism. Documents include U.N. resolutions, declarations, conventions and reports, League of National Council debates, International Tribunal Documents, and U.S. judicial and legislative actions. Volume 14 Concentrates on terrorism documents in the U.S. Includes detailed information from the Congressional Research Service and a document which assesses the Writ of Habeas Corpus under newly passed legislation. Volume 15 Takes an in-depth look at the terrorist attacks in Dar es Salaam and Nairobi. Includes significant Statements from President Clinton, The U.S./E.U. Statement of Shared Objective and Close Cooperation on Terrorism, analysis of the Paris Terrorism ministerial, and more. Volume 16 A compilation of materials from the Federal Bureau of Investigation and the Congressional Research Service, plus the indictment of Osama Bin Laden. Volume 17Expands the information in Volumes 15 and16 and records information on biological and chemical weapons preparedness and intelligence gathering by the Executive and Legislative braches of the U.S. government. Volume 18Examines the overall emergency preparedness of the U.S. and assesses the proliferation of weapons of mass destruction. Includes information on the electronic "Melissa" virus and a variety of documents on national terrorism prevention events. Volume 19Includes the U.S.Department of State''s report on Political Violence Against Americans and the GAO reports on Combating Terrorism, Information Security, and Chemical and Biological Defense. Volume 20A concentration on the complete FBI report on Project MEGIDDO as well as the CRS report on Afghanistan. Volume 21Includes the June 2000 report of the National Commission on Terrorism regarding the current state of international terror and its implications for the future. Features information from the FAA, congressional testimony by FBI personnel, reports on cyberterrorism, and the FALN clemency Volume 22Contains several GAO reports on combating terrorism with risk assessment, technology and strategy. Testimony included covers issues such as managing counterterrorist programs, U.S. counterterrorism efforts, Internet and data interception capabilities developed by the FBI, and the threat assessment of terrorism in a changing global environment. Volume 23Describes how U.S. Department of Justice has focused its attention on improving security at home and the implementation of measures at American missions abroad. Incorporates the Department of Defense''s Crouch-Gehman Report on the Cole attack, the CIA study on Global Trends and the Gilmore Report assessing domestic response capabilities involving weapons of mass destruction. Volume 24Incorporates governmental and nongovernmental views and documents on the forgoing cases as well as on unconventional threats of superterrorism (biological, chemical, and nuclear) and emerging cyber challenges. Includes documents of individual testimonies on the cases of USS Cole and Cyber. Volume 25Focuses on domestic and international terrorist threats. Includes proposals and recommendations on how to respond to the challenges both on the conventional and unconventional levels. Contains the perspectives of the Executive Branch and judicial documents of the U.S. v. Osama bin Laden et al., in the U.S. District Court, Southern District of New York, and the jury decisions rendered in this historic case. Volume 26Underscores the vulnerability of the U.S. both to conventional and unconventional threats. Focuses on these and similar threats and also presents a wide range of governmental, intergovernmental, and nongovernmental responses to these challenges. Considers the proposal to create a President''s council on domestic terrorism preparedness and a future outlook of the 27 challenges to U.S. homeland concerns. Volume 27Covers issues related to the terrorism threat both on conventional and unconventional levels - as well as on national regional, and global responses. Presents civil law suits against Iran, a state sponsor of terrorism, brought by several victims'' families before the U.S. federal district courts. Volume 28Includes materials prepared by the executive branch, legislative branch, Congressional testimony and the judicial branch. Volume 29Addresses elements of the diverse, speedy, broad and bipartisan responses engendered by the September 11th attack. Describes some of the basic responses taken by U.S. Volume 30Focuses on the views of U.S. as reflected in the documentation available from the executive legislative branches. Contains both the reports and testimony from several legislative hearings. The testimony segment covers a wide range of topics. Includes material reflecting the nature of the terrorist challenge to civilization and the responses available to reduce the risks both in all levels. Volume 31 The focus of this book is on the work undertaken by the U.S. legislative branch. Describes some of the current and potential challenges to the U.S. and what the government believes must be done. Includes testimony about terrorism and government information, administrative oversights and the courts, immigration, and more. Issues covered include constitutional freedoms; germs and toxic threats; sharing information with local enforcement and homeland defense; biometric identifiers; andpreserving freedoms while defending against terrorism. Volume 32Includes a report to Congress by the director of the Central Intelligence Agency on The Acquisition of Technology Relating to Weapons of Mass Destruction and Advanced Munitions; Department of State s Comprehensive List of Terrorists and Groups Identified Under Executive Order 13224; and a report by the U.S. Senate Committee in the Foreign Relations on Strategies for Homeland Defense. Volume 33Features reports and statements presented before hearings held at the U.S. Congress on terrorism-related issues confronting America in the coming months and years. Report topics cover a wide range of matters - such as the role of intelligence and law enforcement, risk insurance, critical infrastructure, Middle East groups, and state sponsors. Volume 34 Includes both executive and legislative documents focusing mostly on Homeland Security concerns. Other related issues dealing with international implications are also incorporated. For instance, the FBI provides details on the reorganization of the Bureau while the Department of State report, "Pattern of Global Terrorism: May 2001," covers annual events overseas. Volume 35Following the focus on the challenge of conventional and unconventional terrorism at home and abroad, this volume deals with both the U.S. executive and legislative perspectives. Issues covered include the establishment of the Department of Homeland Security; applying the War Powers Resolution to the war on terrorism; information sharing between intelligence agencies; proposals for reorganizing the homeland security infrastructure; immigration reform; protection against weapons of massdestruction; and future terrorism and U.S. foreign policy. Volume 36Features documents from the executive and legislative branches including executive orders, statements before the House Committees on Government Reform and Financial Services, reports on information sharing, Homeland Security, and security at domestic seaports.Volume 37residential determinations, statements before the House Committee on Government Reform, and legislative bills are include

The Cost Of Counterterrorism

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Author : Laura K. Donohue
language : en
Publisher: Cambridge University Press
Release Date : 2008-04-14

The Cost Of Counterterrorism written by Laura K. Donohue and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-14 with Political Science categories.

In the aftermath of a terrorist attack political stakes are high: legislators fear being seen as lenient or indifferent and often grant the executive broader authorities without thorough debate. The judiciary's role, too, is restricted: constitutional structure and cultural norms narrow the courts' ability to check the executive at all but the margins. The dominant 'Security or Freedom' framework for evaluating counterterrorist law thus fails to capture an important characteristic: increased executive power that shifts the balance between branches of government. This book re-calculates the cost of counterterrorist law to the United Kingdom and the United States, arguing that the damage caused is significantly greater than first appears. Donohue warns that the proliferation of biological and nuclear materials, together with willingness on the part of extremists to sacrifice themselves, may drive each country to take increasingly drastic measures with a resultant shift in the basic structure of both states.