The Operation Of The Special Immigration Appeals Commission Siac And The Use Of Special Advocates
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The Operation Of The Special Immigration Appeals Commission Siac And The Use Of Special Advocates
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Author : Great Britain. Parliament. House of Commons. Constitutional Affairs Committee
language : en
Publisher: The Stationery Office
Release Date : 2005
The Operation Of The Special Immigration Appeals Commission Siac And The Use Of Special Advocates written by Great Britain. Parliament. House of Commons. Constitutional Affairs Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
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.
The Operation Of The Special Immigration Appeals Commission Siac And The Use Of Special Advocates
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Author : Great Britain. Parliament. House of Commons. Constitutional Affairs Committee
language : en
Publisher: The Stationery Office
Release Date : 2005
The Operation Of The Special Immigration Appeals Commission Siac And The Use Of Special Advocates written by Great Britain. Parliament. House of Commons. Constitutional Affairs Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Political Science categories.
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
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
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Author : Great Britain: Department for Constitutional Affairs
language : en
Publisher:
Release Date : 2005-06-17
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 written by Great Britain: Department for Constitutional Affairs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-06-17 with Law categories.
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.
Special Advocates In The Adversarial System
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Author : John Jackson
language : en
Publisher: Routledge
Release Date : 2019-07-24
Special Advocates In The Adversarial System written by John Jackson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-24 with Law categories.
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.
Innere Sicherheit Im Europ Ischen Vergleich
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Author : Thomas Würtenberger
language : en
Publisher: LIT Verlag Münster
Release Date : 2012
Innere Sicherheit Im Europ Ischen Vergleich written by Thomas Würtenberger and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Internal security categories.
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.
Terrorism And The Foreigner
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Author : Anneliese Baldaccini
language : en
Publisher: BRILL
Release Date : 2006-11-29
Terrorism And The Foreigner written by Anneliese Baldaccini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-29 with Law categories.
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.
Guant Namo And Beyond
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Author : Fionnuala Ni Aoláin
language : en
Publisher: Cambridge University Press
Release Date : 2013-08-26
Guant Namo And Beyond written by Fionnuala Ni Aoláin 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 2013-08-26 with Law categories.
The Military Commissions scheme established by President George W. Bush in November 2001 has garnered considerable controversy. In parallel with the detention facilities at Guantánamo Bay, Cuba, the creation of military courts has focused significant global attention on the use of such courts to process and try persons suspected of committing terrorist acts or offenses during armed conflict. This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current 'state of the field'. The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law. By examining the comparative patterns, similarities and disjunctions arising from the use of such courts, this book also analyzes the political and legal challenges that the creation and operation of exceptional courts produces both within democratic states and for the international community.
Terrorism
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Author : Michael A. Newton
language : en
Publisher:
Release Date : 2011-03-08
Terrorism written by Michael A. Newton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-08 with Law categories.
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.
Detention In The War On Terror
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Author : Fiona de Londras
language : en
Publisher: Cambridge University Press
Release Date : 2011-07-28
Detention In The War On Terror written by Fiona de Londras 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 2011-07-28 with Political Science categories.
In this book, Fiona de Londras presents an overview of counter-terrorist detention in the US and the UK and the attempts by both states to achieve a downward recalibration of international human rights standards as they apply in an emergency. Arguing that the design and implementation of this policy has been greatly influenced by both popular and manufactured panic, Detention in the 'War on Terror' addresses counter-terrorist detention through an original analytic framework. In contrast to domestic law in the US and UK, de Londras argues that international human rights law has generally resisted the challenge to the right to be free from arbitrary detention, largely because of its relative insulation from counter-terrorist panic. She argues that this resilience gradually emboldened superior courts in the US and UK to resist repressive detention laws and policies and insist upon greater rights-protection for suspected terrorists.