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This book considers some of the most notable aspects of the legal
response to the "war on terror" post- 9/11 and the use of
technology to support them. It examines the shift from a criminal
justice response to the creation of a parallel preventive system
running in tandem with it. This system has tended to veer away from
the commission of criminal offences or adherence to ordinary
criminal justice safeguards. Such a preventive strategy relies on
targeting terrorist suspects - those who it is thought may in
future commit terrorist acts - and curbing their actions with the
aim of preventing terrorist activity before it occurs. The book
further considers the role that surveillance plays in the
counter-terrorist efforts of state or non-state actors. It also
evaluates the counter-productive effects that many of these
measures have had. This book was originally published as a special
issue of International Review of Law Computers & Technology.
Routledge Q&As give you the tools to practice and refine your
exam technique, showing you how to apply your knowledge to maximum
effect in an exam situation. Each book contains up to fifty essay
and problem-based questions on the most commonly examined topics,
complete with expert guidance and fully worked model answers. These
new editions for 2013-2014 will provide you with the skills you
need for your exams by: Helping you to be prepared: each title in
the series has an introduction presenting carefully tailored advice
on how to approach assessment for your subject Showing you what
examiners are looking for: each question is annotated with both a
short overview on how to approach your answer, as well as footnoted
commentary that demonstrate how model answers meet marking criteria
Offering pointers on how to gain marks, as well as what common
errors could lose them: 'Aim Higher' and 'Common Pitfalls' offer
crucial guidance throughout Helping you to understand and remember
the law: diagrams for each answer work to illuminate difficult
legal principles and provide overviews of how model answers are
structured Books in the series are also supported by a Companion
Website that offers online essay-writing tutorials, podcasts, bonus
Q&As and multiple-choice questions to help you focus your
revision more effectively.
Routledge QandAs give you the tools to practice and refine your
exam technique, showing you how to apply your knowledge to maximum
effect in an exam situation. Each book contains up to fifty essay
and problem-based questions on the most commonly examined topics,
complete with expert guidance and fully worked model answers. These
new editions for 2013-2014 will provide you with the skills you
need for your exams by: Helping you to be prepared: each title in
the series has an introduction presenting carefully tailored advice
on how to approach assessment for your subject Showing you what
examiners are looking for: each question is annotated with both a
short overview on how to approach your answer, as well as footnoted
commentary that demonstrate how model answers meet marking criteria
Offering pointers on how to gain marks, as well as what common
errors could lose them:Aim Higher andCommon Pitfalls offer crucial
guidance throughout Helping you to understand and remember the law:
diagrams for each answer work to illuminate difficult legal
principles and provide overviews of how model answers are
structured Books in the series are also supported by a Companion
Website that offers online essay-writing tutorials, podcasts, bonus
QandAs and multiple-choice questions to help you focus your
revision more effectively.
This book considers some of the most notable aspects of the legal
response to the "war on terror" post- 9/11 and the use of
technology to support them. It examines the shift from a criminal
justice response to the creation of a parallel preventive system
running in tandem with it. This system has tended to veer away from
the commission of criminal offences or adherence to ordinary
criminal justice safeguards. Such a preventive strategy relies on
targeting terrorist suspects - those who it is thought may in
future commit terrorist acts - and curbing their actions with the
aim of preventing terrorist activity before it occurs. The book
further considers the role that surveillance plays in the
counter-terrorist efforts of state or non-state actors. It also
evaluates the counter-productive effects that many of these
measures have had. This book was originally published as a special
issue of International Review of Law Computers & Technology.
More than merely describing the evolution of human rights and civil
liberties law, this classic textbook provides students with
detailed and thought-provoking coverage of the most crucial
developments in the field, clearly explaining the law in context
and practice. Updated throughout for this new edition, Fenwick on
Civil Liberties and Human Rights considers a number of recent major
changes in the law - in particular proposals to replace the Human
Rights Act with a British Bill of Rights, and the Counter-Terrorism
and Security Act 2015 - whilst also contextualising the impact of
reforms on hate speech and contempt due to advances in new media.
Comprehensive and authoritative, this textbook offers an essential
resource for students on human rights or civil liberties courses,
as well as a useful reference for students and scholars of UK
Public Law.
This book interweaves an authoritative authorial commentary -
significantly expanded from the last edition - with extracts from a
diverse and contemporary collection of cases and materials from
three leading academics in the field. It provides an
all-encompassing student guide to constitutional, administrative
and UK human rights law. This fourth edition provides comprehensive
coverage of all recent developments, including the Fixed Term
Parliaments Act 2011, restrictions on judicial review (Criminal
Justice and Courts Act 2015), changes to judicial appointments
(Crime and Courts Act 2013), the 2014 Scottish Independence
Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent
devolution cases in the Supreme Court, including Imperial Tobacco
(2012) and Asbestos Diseases (2015) are fully analysed, as is the
2015 introduction of English Votes for English Laws. The remarkable
Evans (2015) 'Black Spider memos' case is considered in a number of
chapters. The common law rights resurgence seen in Osborn (2013),
BBC (2014) and Kennedy (2014) is analysed in several places, along
with other key developments in judicial review such as Keyu (2015)
and Pham (2015). Ongoing parliamentary reform in both Lords and
Commons, including major advances in controlling prerogative
powers, are fully explained, as is the adaptation of the core
Executive to Coalition Government (2010-2015). There is
comprehensive coverage of key Strasbourg and HRA cases (Horncastle
(2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and
those in core areas of freedom of expression, police powers and
public order (Animal Defenders (2013), Beghal (2015), Roberts
(2015), Miranda (2016)) and the prisoners' voting rights saga, up
to Chester (2015).
This book interweaves an authoritative authorial commentary -
significantly expanded from the last edition - with extracts from a
diverse and contemporary collection of cases and materials from
three leading academics in the field. It provides an
all-encompassing student guide to constitutional, administrative
and UK human rights law. This fourth edition provides comprehensive
coverage of all recent developments, including the Fixed Term
Parliaments Act 2011, restrictions on judicial review (Criminal
Justice and Courts Act 2015), changes to judicial appointments
(Crime and Courts Act 2013), the 2014 Scottish Independence
Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent
devolution cases in the Supreme Court, including Imperial Tobacco
(2012) and Asbestos Diseases (2015) are fully analysed, as is the
2015 introduction of English Votes for English Laws. The remarkable
Evans (2015) 'Black Spider memos' case is considered in a number of
chapters. The common law rights resurgence seen in Osborn (2013),
BBC (2014) and Kennedy (2014) is analysed in several places, along
with other key developments in judicial review such as Keyu (2015)
and Pham (2015). Ongoing parliamentary reform in both Lords and
Commons, including major advances in controlling prerogative
powers, are fully explained, as is the adaptation of the core
Executive to Coalition Government (2010-2015). There is
comprehensive coverage of key Strasbourg and HRA cases (Horncastle
(2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and
those in core areas of freedom of expression, police powers and
public order (Animal Defenders (2013), Beghal (2015), Roberts
(2015), Miranda (2016)) and the prisoners' voting rights saga, up
to Chester (2015).
More than merely describing the evolution of human rights and civil
liberties law, this classic textbook provides students with
detailed and thought-provoking coverage of the most crucial
developments in the field, clearly explaining the law in context
and practice. Updated throughout for this new edition, Fenwick on
Civil Liberties and Human Rights considers a number of recent major
changes in the law - in particular proposals to replace the Human
Rights Act with a British Bill of Rights, and the Counter-Terrorism
and Security Act 2015 - whilst also contextualising the impact of
reforms on hate speech and contempt due to advances in new media.
Comprehensive and authoritative, this textbook offers an essential
resource for students on human rights or civil liberties courses,
as well as a useful reference for students and scholars of UK
Public Law.
Judicial Reasoning under the UK Human Rights Act is a collection of
essays written by leading experts in the field, which examines
judicial decision-making under the UK's de facto Bill of Rights.
The book focuses both on changes in areas of substantive law and
the techniques of judicial reasoning adopted to implement the Act.
The contributors therefore consider first general Convention and
Human Rights Act concepts - statutory interpretation, horizontal
effect, judicial review, deference, the reception of Strasbourg
case-law - since they arise across all areas of substantive law.
They then proceed to examine not only the use of such concepts in
particular fields of law (privacy, family law, clashing rights,
discrimination and criminal procedure), but also the modes of
reasoning by which judges seek to bridge the divide between
familiar common law and statutory doctrines and those in the
Convention.
Judicial Reasoning under the UK Human Rights Act is a collection of
essays written by leading experts in the field, which examines
judicial decision-making under the UK??'s de facto Bill of Rights.
The book focuses both on changes in areas of substantive law and
the techniques of judicial reasoning adopted to implement the Act.
The contributors therefore consider first general Convention and
Human Rights Act concepts ??? statutory interpretation, horizontal
effect, judicial review, deference, the reception of Strasbourg
case-law ??? since they arise across all areas of substantive law.
They then proceed to examine, not only the use of such concepts in
particular fields of law (privacy, family law, clashing rights,
discrimination and criminal procedure), but also the modes of
reasoning by which judges seek to bridge the divide between
familiar common law and statutory doctrines and those in the
Convention.
Media Freedom under the Human Rights Act provides the most
comprehensive analysis to date of the impact of Article 10 ECHR, as
received through the Human Rights Act 1998, on the substantive law
governing freedom of expression in the media. Fully up to date, the
book provides extensive coverage of crucial recent developments in
this field; these include: the key cases of Ashworth and Punch in
the area of contempt; the ground-breaking privacy decisions in Von
Hannover v Germany and Campbell v MGN; full consideration of
theoretical approaches to explicit speech and blasphemy, including
a detailed critique of Strasbourg case-law in the area; detailed
discussion of the new offence of incitement to religious hatred;
the new scheme for content regulation of broadcasting under the
Communications Act 2003 in the light of Prolife Alliance; a full
survey of recent domestic and Strasbourg caselaw in the areas of
copyright and political defamation, and analysis of the early
impact of the Freedom of Information Act. The authors - both
leading academics in the field - have drawn on significant
comparative decisions to formulate a coherent and provocative
critique of the relationship between media law and freedom of
expression, and suggested principles which make a significant
contribution to the legal discourse surrounding media freedom in
the Human Rights Act era. The result is a book which provides a
scholarly and theoretically informed analysis of this very topical
subject, of interest to those studying at all levels and practising
in this area of law.
Building on the strengths of the "Sourcebook on Public Law",
"Public Law and Human Rights: Text, Cases Materials" has been
comprehensively revised to take account of the radical programme of
constitutional reform introduced by the Labour Government since
1997. This edition introduces a new chapter on devolution. There is
full analysis of the Human Rights Act 1998 and its impact on police
powers, freedom of expression and public order law. The Freedom of
Information Act 2000 is analysed, as is the Shayler litigation
under the Official Secrets Act. The governments reform of the House
of Lords warrants thorough discussion, as do proposals for further
reform in the Wakeham Report, the Governments White Paper, and the
Report of the Public Administration Committee. Also included is
material and analysis of reforms to the European Convention system
and to domestic judicial review procedure.
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