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The threat of terror and the plausibility of positivism

Research output: Contribution to journalJournal article

Published

Journal publication date07/2009
JournalPublic Law
Journal number3
Volume2009
Number of pages18
Pages501-518
Original languageEnglish

Abstract

Discusses the finding of discrimination by the House of Lords in A v Secretary of State for the Home Department on whether the detention without trial of foreign nationals suspected of terrorist offences under the Anti-terrorism, Crime and Security Act 2001 breached the European Convention on Human Rights 1950 arts 5 and 14. Considers the implications of the decision in terms of the UK's adoption of European Court of Human Rights jurisprudence following the Human Rights Act 1998. Examines the application of the Anti-terrorism, Crime and Security Act 2001 s.4, the significance of the Civil Contingencies Act 2004, and potential consequences for governments seeking to maintain public security.