ABSTRACT
David Bonner presents an historical and contemporary legal analysis of UK governmental use of executive measures, rather than criminal process, to deal with national security threats. The work examines measures of internment, deportation and restriction on movement deployed in the UK and (along with the imposition of collective punishment) also in three emergencies forming part of its withdrawal from colonial empire: Cyprus, Kenya and Malaya. These situations, along with that of Northern Ireland, are used to probe the strengths and weaknesses of ECHR supervision. It is argued that a new human rights era ushered in by a more confident Court of Human Rights and a more confident national judiciary armed with the HRA 1998, has moved us towards greater judicial scrutiny of the application of these measures - a move away from unfettered and unreviewable executive discretion.
TABLE OF CONTENTS
part |41 pages
Introduction and Overview
chapter |39 pages
Perspectives, Themes and Concepts
part |158 pages
Before 9/11: United Kingdom and Empire 1905–2001
chapter |23 pages
Dealing with the ‘Enemy at Home' during the Two World Wars
chapter |33 pages
Political Violence and the Irish Question
chapter |32 pages
Undesirable ‘Aliens': Immigration Control and Deportation
chapter |66 pages
Withdrawal from Empire: the Malayan, Cyprus and Kenyan Emergencies
part |142 pages
After 9/11: Have the Rules of the Game Changed?
chapter |14 pages
After 9/11: Overview and Context
chapter |47 pages
Executive Measures after 9/11: the Powers and their Use
chapter |23 pages
Challenge Mechanisms
chapter |54 pages
Legal Challenges and Human Rights Issues
part |11 pages
Conclusion