Surveillance Counter Terrorism And Comparative Constitutionalism

Surveillance Counter Terrorism And Comparative Constitutionalism Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Surveillance Counter Terrorism And Comparative Constitutionalism book. This book definitely worth reading, it is an incredibly well-written.

Surveillance, Counter-Terrorism and Comparative Constitutionalism

Author : Fergal Davis,Nicola McGarrity,George Williams
Publisher : Routledge
Page : 355 pages
File Size : 54,6 Mb
Release : 2014-01-03
Category : Law
ISBN : 9781134095278

Get Book

Surveillance, Counter-Terrorism and Comparative Constitutionalism by Fergal Davis,Nicola McGarrity,George Williams Pdf

The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies. This book brings together leading legal scholars in the field of counter-terrorism and constitutional law, and focuses their attention on the issue of surveillance. The breadth of topics covered in this collection include: the growth and diversification of mechanisms of mass surveillance, the challenges that technological developments pose for constitutionalism, new actors in the surveillance state (such as local communities and private organisations), the use of surveillance material as evidence in court, and the effectiveness of constitutional and other forms of review of surveillance powers. The book brings a strong legal focus to the debate surrounding surveillance and counter-terrorism, and draws important conclusions about the constitutional implications of the expansion of surveillance powers after 9/11.

Secrecy, National Security and the Vindication of Constitutional Law

Author : D. Cole
Publisher : Edward Elgar Publishing
Page : 369 pages
File Size : 53,8 Mb
Release : 2013
Category : Law
ISBN : 9781781953860

Get Book

Secrecy, National Security and the Vindication of Constitutional Law by D. Cole Pdf

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.

Constitutionalism Across Borders in the Struggle Against Terrorism

Author : Federico Fabbrini,Vicki C. Jackson
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 49,8 Mb
Release : 2016-06-29
Category : Law
ISBN : 9781784715397

Get Book

Constitutionalism Across Borders in the Struggle Against Terrorism by Federico Fabbrini,Vicki C. Jackson Pdf

This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.

The Consequences of Counterterrorism

Author : Martha Crenshaw
Publisher : Russell Sage Foundation
Page : 432 pages
File Size : 44,7 Mb
Release : 2010-02-18
Category : Political Science
ISBN : 9781610447287

Get Book

The Consequences of Counterterrorism by Martha Crenshaw Pdf

The 9/11 terrorist attacks opened America's eyes to a frightening world of enemies surrounding us. But have our eyes opened wide enough to see how our experiences compare with other nations' efforts to confront and prevent terrorism? Other democracies have long histories of confronting both international and domestic terrorism. Some have undertaken progressively more stringent counterterrorist measures in the name of national security and the safety of citizens. The Consequences of Counterterrorism examines the political costs and challenges democratic governments face in confronting terrorism. Using historical and comparative perspectives, The Consequences of Counterterrorism presents thematic analyses as well as case studies of Britain, France, Germany, Spain, Japan, and Israel. Contributor John Finn compares post-9/11 antiterrorism legislation in the United States, Europe, Canada, and India to demonstrate the effects of hastily drawn policies on civil liberties and constitutional norms. Chantal de Jonge Oudraat and Jean-Luc Marret assert that terrorist designation lists are more widespread internationally than ever before. The authors examine why governments and international organizations use such lists, how they work, and why they are ineffective tools. Gallya Lahav shows how immigration policy has become inextricably linked to security in the EU and compares the European fear of internal threats to the American fear of external ones. A chapter by Dirk Haubrich explains variation in the British government's willingness to compromise democratic principles according to different threats. In his look at Spain and Northern Ireland, Rogelio Alonso asserts that restricting the rights of those who perpetrate ethnonationalist violence may be acceptable in order to protect the rights of citizens who are victims of such violence. Jeremy Shapiro considers how the French response to terrorist threats has become more coercive during the last fifty years. Israel's "war model" of counterterrorism has failed, Ami Pedahzur and Arie Perliger argue, and is largely the result of the military elite's influence on state institutions. Giovanni Cappocia explains how Germany has protected basic norms and institutions. In contrast, David Leheny stresses the significance of change in Japan's policies. Preventing and countering terrorism is now a key policy priority for many liberal democratic states. As The Consequences of Counterterrorism makes clear, counterterrorist policies have the potential to undermine the democratic principles, institutions, and processes they seek to preserve.

Face Recognition Technology

Author : Ian Berle
Publisher : Springer Nature
Page : 221 pages
File Size : 55,9 Mb
Release : 2020-03-11
Category : Law
ISBN : 9783030368876

Get Book

Face Recognition Technology by Ian Berle Pdf

This book examines how face recognition technology is affecting privacy and confidentiality in an era of enhanced surveillance. Further, it offers a new approach to the complex issues of privacy and confidentiality, by drawing on Joseph K in Kafka’s disturbing novel The Trial, and on Isaiah Berlin’s notion of liberty and freedom. Taking into consideration rights and wrongs, protection from harm associated with compulsory visibility, and the need for effective data protection law, the author promotes ethical practices by reinterpreting privacy as a property right. To protect this right, the author advocates the licensing of personal identifiable images where appropriate. The book reviews American, UK and European case law concerning privacy and confidentiality, the effect each case has had on the developing jurisprudence, and the ethical issues involved. As such, it offers a valuable resource for students of ethico-legal fields, professionals specialising in image rights law, policy-makers, and liberty advocates and activists.

Routledge Handbook of Law and Terrorism

Author : Genevieve Lennon,Clive Walker
Publisher : Routledge
Page : 486 pages
File Size : 41,6 Mb
Release : 2015-07-16
Category : Law
ISBN : 9781134455096

Get Book

Routledge Handbook of Law and Terrorism by Genevieve Lennon,Clive Walker Pdf

In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.

The Practice and Problems of Transnational Counter-Terrorism

Author : Fiona de Londras
Publisher : Cambridge University Press
Page : 241 pages
File Size : 46,9 Mb
Release : 2022-02-24
Category : Political Science
ISBN : 9781009254984

Get Book

The Practice and Problems of Transnational Counter-Terrorism by Fiona de Londras Pdf

The attacks of 9/11 kickstarted the development of a pervasive and durable transnational counter-terrorism order. This has evolved into a vast institutional architecture with direct effects on domestic law around the world and a number of impacts on everyday life that are often poorly understood. States found, fund and lead institutions inside and outside the United Nations that develop and consolidate transnational counter-terrorism through hard and soft law, strategies, capacity building and counter-terrorism 'products'. These institutions and laws underpin the expansion of counter-terrorism, so that new fields of activity get drawn into it, and others are securitised through their reframing as counter-terrorism and 'preventing and countering extremism'. Drawing on insights from law, international relations, political science and security studies, this book demonstrates the international, regional, national and personal impacts of this institutional and legal order. Fiona de Londras demonstrates that it is expansionary, rights-limiting and unaccountable.

The 9/11 Effect

Author : Kent Roach
Publisher : Cambridge University Press
Page : 493 pages
File Size : 52,9 Mb
Release : 2011-08-15
Category : Law
ISBN : 9781139501385

Get Book

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.

Critical Debates on Counter-Terrorism Judicial Review

Author : Fergal F. Davis,Fiona de Londras
Publisher : Cambridge University Press
Page : 387 pages
File Size : 46,5 Mb
Release : 2014-10-02
Category : Law
ISBN : 9781107053618

Get Book

Critical Debates on Counter-Terrorism Judicial Review by Fergal F. Davis,Fiona de Londras Pdf

An examination of the debates regarding whether judicial review is an effective and appropriate way to regulate counter-terrorism measures.

Global Constitutionalism and Its Challenges to Westphalian Constitutional Law

Author : Martin Belov
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 48,9 Mb
Release : 2018-05-31
Category : Law
ISBN : 9781509914890

Get Book

Global Constitutionalism and Its Challenges to Westphalian Constitutional Law by Martin Belov Pdf

Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in the foundations of Western modernity, such as humanism and rationalism, and is organised around familiar principles of national sovereignty, the rule of law, the separation of powers, and democracy. But since the end of the twentieth century, global constitutionalism has gradually emerged, challenging both the constitutional ideology and the constitutional design of Westphalian constitutional law. This book critically assesses the structural and functional transformations in the Westphalian constitutional tradition produced by the emergence of supranational and global constitutionalism. In so doing, it evaluates the theory of global constitutionalism, its legal and socio-political limits, and important issues concerning the supranational constitutionalism of the EU. This leads to an articulation of the constitutional theory of the emerging post-Westphalian constitutionalism, examining its development during a period of significantly increased access to and sharing of information, increased mobility and more open statehood, as well as the rise of human rights and its encounter with populism and nationalism. This book will be of great interest to scholars of constitutional law and theory, particularly those with an interest in globalisation and supranationalism.

Security and Human Rights

Author : Benjamin J Goold,Liora Lazarus
Publisher : Bloomsbury Publishing
Page : 535 pages
File Size : 48,9 Mb
Release : 2019-09-05
Category : Law
ISBN : 9781509917778

Get Book

Security and Human Rights by Benjamin J Goold,Liora Lazarus Pdf

This is the second edition of the acclaimed Security and Human Rights, first published in 2007. Reconciling issues of security with a respect for fundamental human rights has become one of the key challenges facing governments throughout the world. The first edition broke the disciplinary confines in which security was often analysed before and after the events of 11 September 2001. The second edition continues in this tradition, presenting a collection of essays from leading academics and practitioners in the fields of criminal justice, public law, privacy law, international law, and critical social theory. The collection offers genuinely multidisciplinary perspectives on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the protection of established rights, Security and Human Rights provides fresh insight into the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism, and protect their citizens. The volume features a set of new essays that engage with the most pressing questions facing security and human rights in the twenty-first century and is essential reading for all those working in the area.

Counter-Terrorism Community Engagement

Author : Jason Hartley
Publisher : Routledge
Page : 178 pages
File Size : 40,7 Mb
Release : 2021-04-20
Category : Political Science
ISBN : 9781000378566

Get Book

Counter-Terrorism Community Engagement by Jason Hartley Pdf

This book offers insights into the building of trust in Muslim communities through community engagement in a climate of counter-terrorism. Police engagement with Muslim communities is complex with a history of distrust. This book first attempts to understand the role and implications of uncertainty on community engagement in Muslim communities, and then explores the cultural nuances associated with the demonstration of trustworthiness, and decisions to bestow trust. It further highlights the complexities and implications for Muslim leaders when trying to simultaneously engage police and appease their own communities; the book exposes community perceptions of an over-reaction by authorities that has moved suspicion from a handful of terrorists to the entire Muslim community, resulting in problematic community perceptions that Muslim communities are being targeted by police. The findings suggest that the intentionality of police is a highly significant consideration in trust negotiations, and reveals a number of cultural preferences considered critical to trust negotiations. The book further highlights opportunities to enhance the development of trust and avoid pitfalls that can be problematic to community engagement. The lessons learned seek to enhance the existing body of literature regarding strategies and resources to improve counter-terrorism community engagement with Muslim communities. This book will be of much interest to students of counter-terrorism, preventing violent extremism, deradicalization, and security studies.

Intelligence and State Surveillance in Modern Societies

Author : Frederic Lemieux
Publisher : Emerald Group Publishing
Page : 272 pages
File Size : 48,6 Mb
Release : 2018-11-16
Category : Social Science
ISBN : 9781787691711

Get Book

Intelligence and State Surveillance in Modern Societies by Frederic Lemieux Pdf

Since the dissolution of the Soviet Union in the early 1990’s, Western state surveillance and intelligence activities have drastically adapted to new domestic and global challenges. This book examines the evolution of state surveillance in modern societies and provides an international perspective on influential trends affecting these activities.

The Impact, Legitimacy and Effectiveness of EU Counter-Terrorism

Author : Fiona de Londras,Josephine Doody
Publisher : Routledge
Page : 240 pages
File Size : 43,8 Mb
Release : 2015-04-10
Category : Political Science
ISBN : 9781317524656

Get Book

The Impact, Legitimacy and Effectiveness of EU Counter-Terrorism by Fiona de Londras,Josephine Doody Pdf

Counter-terrorism law and policy has been prominent and widespread in the years following 9/11, touching on many areas of everyday life from policing and border control to financial transactions and internet governance. The European Union is a major actor in contemporary counter-terrorism, including through its development of counter-terrorism laws for application within the Union. This book undertakes a multi-disciplinary and empirically informed analysis of the impact, legitimacy and effectiveness of EU counter-terrorism. Taking into account legal, societal, operational and democratic perspectives, this collection connects theoretical and practical perspectives to produce an interdisciplinary and multi-stakeholder study of how we might measure and understand the impact, legitimacy and effectiveness of EU counter-terrorism. Bringing together a select group of experts in the field, particular emphasis is placed on understanding the practical experience of implementing and assessing these measures gathered from and with end users, including law-makers, policy-makers, security services, industry partners and civil society. This edited collection will be of great relevance to scholars and policy makers with an interest in counter-terrorism law, EU law and security studies.

Hybridity: Law, Culture and Development

Author : Nicolas Lemay-Hébert,Rosa Freedman
Publisher : Taylor & Francis
Page : 332 pages
File Size : 43,9 Mb
Release : 2017-02-17
Category : Law
ISBN : 9781317202905

Get Book

Hybridity: Law, Culture and Development by Nicolas Lemay-Hébert,Rosa Freedman Pdf

This book explores recent developments in the concept of hybridity through a multi-disciplinary perspective, bringing ideas about legal plurality together with the fields of peace, development and cultural studies. Analysing the concepts of hybridity and hybridization, their history, their application in law and legal studies, and their implications for thinking and rethinking legal plurality, the book shows how the concept of hybridity can contribute to an understanding of the processes that occur when different normative or legal orders or frameworks confront each other.