Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - The threat of terror and the plausibility of positivism
AU - Campbell, David
PY - 2009/7
Y1 - 2009/7
N2 - 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.
AB - 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.
KW - Detention without trial
KW - Discrimination
KW - Legal positivism
KW - Right to liberty and security
KW - Terrorism
M3 - Journal article
VL - 2009
SP - 501
EP - 518
JO - Public Law
JF - Public Law
SN - 0033-3565
IS - 3
ER -