Tag: National Security Law
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Michael Foran: Shamima Begum, the Separation of Powers, and the Common Good
The Supreme Court has come under significant criticism for its handling of the Shamima Begum case, decided on 26 February. Much has already been said in relation to the deference that the court showed to the executive, with some arguing that it was improper or even a complete abdication of the judicial role itself. This…
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Daniella Lock: The Shamima Begum Case: Difficulties with ‘democratic accountability’ as a justification for judicial deference in the national security context
No doubt much will be written on the Supreme Court’s Shamima Begum ruling handed down on 26 February. The ruling has a number of notable features. In particular, a high level of deference was afforded to the executive which seems to contrast with the Supreme Court’s approach in high profile constitutional cases of recent years…
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Philip Lau: Hong Kong’s New National Security Legislation: The Devil in the Details
The Chinese Government has recently enacted a piece of National Security Law (‘the Law’) on Hong Kong, establishing crimes such as ‘secession’, ‘subversion’, ‘terrorism’ and ‘collusion with foreign country’, alongside with excessive powers for scrutiny of citizens to the police. The Law has raised concerns in the international community, with UK Supreme Court President Lord…
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Daniella Lock: The Third Direction Case Part Two: The Doctrine of Necessary Implication and Uncertainty in National Security Law
Part One of this post presented the background to the ‘Third Direction’ case, which concerns a recently disclosed Government policy to authorise agents of the Security Service (MI5) to participate in criminal conduct, and will will soon be heard in the Court of Appeal. Part One argued that from its the outset the case illustrates…
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Tom Hickman: ISIS, passports and Magna Carta: New national security powers raise complex issues
On 1 September the Prime Minister made a statement to Parliament in which he indicated that the Government was considering introducing the following new national security measures: Powers to enable the police to confiscate passports at borders if they suspect an individual is seeking to travel to support terrorism, for a period allowing them to…
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Conor Gearty: Liberty and Security
The contemporary discussion about secret trials in the UK echoes earlier controversies about TPIMs, control orders, detention without charge, special advocates, the use of torture – the list seems depressingly endless. Defenders of the rule of law and of human rights appear permanently on the back foot these days, desperate just to stay in the…
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Tom Hickman: Where is the “Justice” in the Justice and Security Bill?
The hugely significant Justice and Security Bill was published by the Government last week and received its first reading in the House of Lords (it is a so-called Lords starter). It follows the Government’s controversial Green Paper on Justice and Security published in October last year, which was prompted by the Guantanamo Bay litigation (Al-Rawi…
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Hayley Hooper: The Justice and Security Bill: Some Serious Concerns
The Justice and Security Bill aims inter alia to ‘provide for closed material procedure in relation to certain civil proceedings [and] to prevent the making of certain court orders for the disclosure of sensitive information’. The Bill was introduced into the House of Lords on May 28, 2012 and can be read here. Angela Patrick…
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Douglas Edlin: Executing the Laws
Lethal Force and Legal Process According to Article II, Section 3 of the US Constitution, the President of the United States must “take care that the laws be faithfully executed.” In a speech delivered earlier this month, Eric Holder, the Attorney General of the United States, offered a legal defense of actions taken by the…