Counter Terrorism Constitutionalism And Miscarriages Of Justice

Author : Genevieve Lennon,Colin King,Carole McCartney
Publisher : Bloomsbury Publishing
Page : 512 pages
File Size : 53,9 Mb
Release : 2018-11-01
Category : Law
ISBN : 9781509915743

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Counter-terrorism, Constitutionalism and Miscarriages of Justice by Genevieve Lennon,Colin King,Carole McCartney Pdf

The purpose of this book is to honour the influential and wide-ranging work of Professor Clive Walker. It explores Professor Walker's influence from three perspectives. Firstly, it provides a historical reflection upon the development of the law and policy in relation to counter-terrorism and miscarriages of justice since the 1970s. This historical perspective, which is often overlooked, is particularly timely 17 years after 9/11 as trends become clearer and historical perspective even more valuable. So too with miscarriages of justice: while there was considerable public and political scrutiny following high-profile miscarriages such as the Birmingham Six, Guildford Four, and others, in the early 1990s, today there is much less scrutiny, despite significant concern relating to issues such as legal aid and access to justice increasing the potential (if not likelihood) for miscarriages to occur. By including a critical historical perspective, this book enables us to learn lessons from the past and to minimise contemporary risks of miscarriages of justice. Secondly, this book provides a critical analysis of the law and policy as it stands today, and its future trajectory. Applying Walker's theoretical and analytical contributions to the field, the authors focus on pressing contemporary concerns, identifying lacunae where relevant, as well as the possible, probable and preferable future trends. Finally, the book celebrates and recognises the significant contributions by Walker, with each chapter built around one or more of Walker's key works.

Author : Genevieve Lennon,Colin Patrick King,Carole McCartney
Publisher : Unknown
Page : 128 pages
File Size : 53,7 Mb
Release : 2018
Category : LAW
ISBN : 1509915753

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Counter-terrorism, Constitutionalism and Miscarriages of Justice by Genevieve Lennon,Colin Patrick King,Carole McCartney Pdf

Author : Genevieve Lennon,Colin King,Carole McCartney
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 46,9 Mb
Release : 2018-11-01
Category : Law
ISBN : 9781509915736

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Counter-terrorism, Constitutionalism and Miscarriages of Justice by Genevieve Lennon,Colin King,Carole McCartney Pdf

The purpose of this book is to honour the influential and wide-ranging work of Professor Clive Walker. It explores Professor Walker's influence from three perspectives. Firstly, it provides a historical reflection upon the development of the law and policy in relation to counter-terrorism and miscarriages of justice since the 1970s. This historical perspective, which is often overlooked, is particularly timely 17 years after 9/11 as trends become clearer and historical perspective even more valuable. So too with miscarriages of justice: while there was considerable public and political scrutiny following high-profile miscarriages such as the Birmingham Six, Guildford Four, and others, in the early 1990s, today there is much less scrutiny, despite significant concern relating to issues such as legal aid and access to justice increasing the potential (if not likelihood) for miscarriages to occur. By including a critical historical perspective, this book enables us to learn lessons from the past and to minimise contemporary risks of miscarriages of justice. Secondly, this book provides a critical analysis of the law and policy as it stands today, and its future trajectory. Applying Walker's theoretical and analytical contributions to the field, the authors focus on pressing contemporary concerns, identifying lacunae where relevant, as well as the possible, probable and preferable future trends. Finally, the book celebrates and recognises the significant contributions by Walker, with each chapter built around one or more of Walker's key works.

Author : Wojciech Jasiński,Karolina Kremens
Publisher : Taylor & Francis
Page : 222 pages
File Size : 41,5 Mb
Release : 2023-03-14
Category : Law
ISBN : 9781000859317

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Compensation for Wrongful Convictions by Wojciech Jasiński,Karolina Kremens Pdf

This book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.

Author : Emmanouil Billis,Nandor Knust,Jon Petter Rui
Publisher : Bloomsbury Publishing
Page : 570 pages
File Size : 49,7 Mb
Release : 2021-04-22
Category : Law
ISBN : 9781509938612

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Proportionality in Crime Control and Criminal Justice by Emmanouil Billis,Nandor Knust,Jon Petter Rui Pdf

This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, and supranational enforcement as well as human rights and international criminal and humanitarian law. In today's global risk society, with its numerous visible and invisible enemies of the state and the individual, balancing freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention and repression is unquestionably an issue of utmost importance, which basic research and legal policy in rule-of-law based systems are urgently called to address. The timely and fascinating contributions in this book, covering jurisdictions from both the common law and the civil law as well as hybrid and international jurisdictions, will appeal to academics, researchers, policy advisers and practitioners working in the areas of national and international criminal law, comparative criminal justice/criminology and legal philosophy as well as constitutional and security law.

Author : Mark Coen
Publisher : Bloomsbury Publishing
Page : 314 pages
File Size : 46,9 Mb
Release : 2021-03-11
Category : Law
ISBN : 9781509932009

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The Offences Against the State Act 1939 at 80 by Mark Coen Pdf

This timely edited collection brings together experts in the fields of legal history, criminal justice, human rights and counter-terrorism law to appraise Ireland's Offences Against the State Act on the eightieth anniversary of its enactment. The origins, development, invocation and extension of the powers contained in the legislation are analysed and critiqued using a broad range of methodologies. The book engages fully with the 1939 Act's scope and complexity including consideration of the impact of the Act on issues as diverse as trial by jury, paramilitary organisations, organised crime, disclosure, the rules of evidence, freedom of expression and association, parliamentary oversight of legislation and adherence to international human rights norms. In addition, the interplay of the Act with the universal themes of normalcy, exceptionalism, contagion and due process are explored throughout. This book will appeal to an audience beyond those with a particular interest in the Act itself. It combines historical and contemporary insights with theoretical and practical perspectives that will enrich the reader's understanding of emergency law, wherever it arises.

Author : Michael Nesbitt,Kent Roach,David C. Hofmann
Publisher : Manitoba Law Journal
Page : 509 pages
File Size : 48,7 Mb
Release : 2021-07-13
Category : Political Science
ISBN : 9798536810941

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Manitoba Law Journal Volume 44 Issue 1 (Special Issue) by Michael Nesbitt,Kent Roach,David C. Hofmann Pdf

The Manitoba Law Journal (MLJ) is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high calibre commentary on legal events in Manitoba or events of special interest to our community.The MLJ aims to bring diverse and multidisciplinary perspectives to the issues it studies, drawing on authors from Manitoba, Canada and beyond. Its studies are intended to contribute to understanding and reform not only in our community, but around the world. As part of our commitment to you, our team is pleased to announce the release of Canada’s premier publication on “Project Osage,” an inter-agency security operation that executed the largest terrorism-related sting in Canadian history. Canadian Terror: Multi-Disciplinary Perspectives on the Toronto 18 Terrorism Trials engages a multidisciplinary perspective that unites criminological, legal, and security analyses to consider the processes, as well as the shortcomings, involved in investigating and prosecuting terrorism in Canada. We are honoured that Canadian Terror is edited and co-authored by prominent Canadian academics

Author : Kent Roach
Publisher : McGill-Queen's Press - MQUP
Page : 329 pages
File Size : 54,8 Mb
Release : 2019-01-21
Category : Social Science
ISBN : 9780773556447

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Canadian Justice, Indigenous Injustice by Kent Roach Pdf

In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

Author : Steven Greer
Publisher : Routledge
Page : 146 pages
File Size : 53,6 Mb
Release : 2021-10-14
Category : Law
ISBN : 9781000469714

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Tackling Terrorism in Britain by Steven Greer Pdf

In September 2001, the world witnessed the horrific events of 9/11. A great deal has happened on the counterterrorist front in the 20 years since. While the terrorist threat has greatly diminished in Northern Ireland, the events of 9/11 and their aftermath have ushered in a new phase for the rest of the UK with some familiar, but also many novel, characteristics. This ambitious study takes stock of counterterrorism in Britain in this anniversary year. Assessing current challenges, and closely mirroring the ‘four Ps’ of the official CONTEST counterterrorist strategy – Protect, Prepare, Prevent, and Pursue – it seeks to summarize and grasp the essence of domestic law and policy, without being burdened by excessive technical detail. It also provides a rigorous, context-aware, illuminating, yet concise, accessible, and policy-relevant analysis of this important and controversial subject, grounded in relevant social science, policy studies, and legal scholarship. This book will be an important resource for students and scholars in law and social science, as well as human rights, terrorism, counterterrorism, security, and conflict studies.

Author : Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze
Publisher : Cambridge University Press
Page : 507 pages
File Size : 47,8 Mb
Release : 2020-01-16
Category : Law
ISBN : 9781108483391

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Core Concepts in Criminal Law and Criminal Justice by Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze Pdf

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Author : Conor Gearty
Publisher : Cambridge University Press
Page : 16 pages
File Size : 44,8 Mb
Release : 2006-05-18
Category : Law
ISBN : 9780521866446

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Can Human Rights Survive? by Conor Gearty Pdf

In this 2006 book, Conor Gearty confronts the challenges that may destroy the language of human rights for future generations.

Author : Clive Walker,Keir Starmer
Publisher : Unknown
Page : 280 pages
File Size : 44,6 Mb
Release : 1993
Category : Law
ISBN : UOM:39015029987024

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Justice in Error by Clive Walker,Keir Starmer Pdf

The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners

Author : Clive Walker
Publisher : Oxford University Press
Page : 629 pages
File Size : 54,5 Mb
Release : 2011-03-03
Category : Law
ISBN : 9780199561179

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Terrorism and the Law by Clive Walker Pdf

Terrorism law and legal practice has been politically and socially controversial to a degree beyond almost any other legal issue during the past few years, and this analytical text contains extensive analysis of these controversies. Terrorism and the Law offers a thoughtful and up-to-date discussion of all the key materials on terrorism law. It provides comprehensive coverage of all the major domestic, European, and international laws, and their impact on the UK. It also contains an extensive examination of the implementation of these terrorism laws, and of the practical issues they raise. The book contains three Parts. Part I focuses on meanings of 'terrorism' in law and political science. It provides the reader with an understanding of the phenomenon and the legal concept, including its statutory definitions, which is essential to the book's assessment of the strategies and tactics adopted in the codes of laws. It also covers normative constraints, such as human rights. Part II focuses on the United Kingdom law. It provides extensive coverage of the major UK terrorism legislation, such as: the Terrorism Act 2000; the Anti-Terrorism, Crime and Security Act 2001; the Prevention of Terrorism Act 2005; the Terrorism Act 2006; the Terrorism (Northern Ireland) Act 2006; the Justice and Security (Northern Ireland) Act 2007; and the Counter-Terrorism Act 2008. It also examines the key laws and rules relating to terrorism policing and legal processes. It discusses the meaning of these legislative materials, as well as their implementation, and includes reference to case law and practice statements from the police and courts. Part III reflects the impact of European, international and transnational laws and practices, covering international transnational cooperation and extradition, key European Union law measures against terrorism, other international law measures against terrorist activities, and international human rights and terrorism.

Author : Denise Meyerson,Catriona Mackenzie,Therese MacDermott
Publisher : Routledge
Page : 274 pages
File Size : 54,8 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781000207668

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Procedural Justice and Relational Theory by Denise Meyerson,Catriona Mackenzie,Therese MacDermott Pdf

This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people’s understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people’s concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.

Author : Kent Roach
Publisher : Cambridge University Press
Page : 493 pages
File Size : 42,5 Mb
Release : 2011-08-15
Category : Law
ISBN : 9781139501385

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The 9/11 Effect by Kent Roach Pdf

This book critically and comparatively examines the responses of the United Nations and a range of countries to the terror attacks on September 11, 2001. It assesses the convergence between the responses of Western democracies including the United States, the United Kingdom, Australia and Canada with countries with more experience with terrorism including Egypt, Syria, Israel, Singapore and Indonesia. A number of common themes - the use of criminal law and immigration law, the regulation of speech associated with terrorism, the review of the state's whole of government counter-terrorism activities, and the development of national security policies - are discussed. The book provides a critical take on how the United Nations promoted terrorism financing laws and listing processes and the regulation of speech associated with terrorism but failed to agree on a definition of terrorism or the importance of respecting human rights while combating terrorism.