Covert derogations and judicial deference: redefining liberty and due process rights in counterterrorism law and beyond

H Fenwick, G Phillipson - McGill law journal, 2011 - erudit.org
This article considers the use of control orders in the United Kingdom as an example of one
of the most important legal aspects of the “war on terror”: the development, alongside the …

Trial by jury: time for a re-evaluation

FF Davis - Alternative Law Journal, 2007 - journals.sagepub.com
The Special Criminal Court is provided for by Article 38.3. 1 of the Irish Constitution, which
provides for the creation of special courts when the ordinary courts are deemed to be …

Civil liberties at the margin: the UK derogation and the European Court of Human Rights

S Marks - Oxford J. Legal Stud., 1995 - HeinOnline
In the 1993 renewal debates concerning the Prevention of Terrorism (Temporary Provisions)
Act Mr Kenneth Clarke, Home Secretary at the time3 charged that opponents of the Act …

[PDF][PDF] Submission to the Independent Review of the Human Rights Act

J Hartmann, S White - 2021 - discovery.dundee.ac.uk
1. Our response to the Call for Evidence (CfE) focuses on answering the following questions
in relation to theme two of the review: a) Should any change be made to the framework …

Contesting Torture

R Cox, F Donnelly, AF Lang Jr - Contesting Torture …, 2022 - books.google.com
It is no secret that torture, and other forms of ill-treatment, are illegal. Tomes of international
law have institutionalised its absolute prohibition. As Erika de Wet notes, the illegality of …

Diminished responsibility in Ireland: historical reflections on the doctrine and present-day analysis of the law

L Kennefick - N. Ir. Legal Q., 2011 - HeinOnline
S ince its genesis, criticism of the doctrine of diminished responsibility has been extensive,
both in respect of its underlying principles and practical effects. It has been called all sorts of …

Jeanty v Belgium: Saving Lives Provides (another) Exception to Article 3 ECHR

L Graham - Human Rights Law Review, 2021 - academic.oup.com
The question of whether Article 3 (which prohibits torture, as well as inhuman and degrading
treatment and punishment) is genuinely 'absolute', especially when it clashes with another …

Judges and the Bill of Rights

J Kelsey - Canterbury L. Rev., 1986 - HeinOnline
Protection of rights requires proof of their violation. As this Bill of Rights is written, violators
will be public agencies. The majority of cases are likely to arise in the context of criminal …

LAW AND A CRISIS OF TRUST: HUMAN RIGHTS AND THE NEGOTIATION OF ARTICLE 2 OF THE IRELAND-NORTHERN IRELAND PROTOCOL

C McCRUDDEN - HeinOnline
This article seeks to contribute to recent scholarship overthe formation of international
treaties, and the complex role of trust in negotiations leading to such treaties, through a case …

The Problem of Relevance: Intelligence to Evidence Lessons from UK Terrorism Prosecutions

L West - Man. LJ, 2018 - HeinOnline
As of November 2017, 60 known foreign terrorist fighters have been permitted to return and
live in Canada without criminal consequence. The reason for this, according to the Minister …