Critical Debates on Counter-Terrorism Judicial Review


Book Description

Is judicial review an effective and appropriate way to regulate counter-terrorism measures? Some argue that the judiciary is ill-equipped to examine such measures, for instance because they lack the expertise of the institutions which bring them about under exigent conditions. Others claim that subjecting counter-terrorism measures to judicial review is crucial for maintaining a jurisdiction's principles of constitutionalism. This volume brings together voices from all sides of the debate from a broad range of jurisdictions, from North America, Europe and Australasia. It does not attempt to 'resolve' the argument but rather to explore it in all its dimensions. The debates are essentially concerned with fundamental questions of organising and making accountable the exercise of power in a particularly challenging environment. The book is necessary reading for all those concerned with counter-terrorism, but also with broader public law, constitutional law and administrative law principles.




Critical Debates on Counter-Terrorism Judicial Review


Book Description

An examination of the debates regarding whether judicial review is an effective and appropriate way to regulate counter-terrorism measures.




Counter-Terrorism Laws and Freedom of Expression


Book Description

As nations have aggressively implemented a wide range of mechanisms to proactively curb potential threats terrorism, Counter-Terrorism Laws and Freedom of Expression: Global Perspectives offers critical insight into how counter-terrorism laws have adversely affected journalism practice, digital citizenship, privacy, online activism, and other forms of expression. While governments assert the need for such laws to protect national security, critics argue counter-terrorism laws are prone to be misappropriated by state actors who use such laws to quash political dissent, target journalists, and restrict other forms of citizen expression. The book is divided into three parts. Part I deals with the politics and discourse of counter-terrorism laws. Part II focuses on the ways counter-terrorism laws have impacted journalistic practice in different countries, with effects ranging from imprisonment of reporters to self-censorship. Part III addresses how counter-terrorism laws have been used to target everyday citizens, social media activists, whistleblowers, and human rights advocates around the world. Together, the chapters address how counter-terrorism laws have undermined democratic values in both authoritarian and liberal political contexts. Scholars of political science, communication, and legal studies will find this book particularly interesting.




Global Perspectives on Counterterrorism


Book Description

Amos Guiora presents an interdisciplinary and global exploration of the law, policy, intelligence gathering, and operational decisions surrounding counter-terrorism initiatives. Case studies of seven different nations: India, Israel, Russia, Spain, the United States and now, China and Colombia and their efforts to repel terrorism within their borders provide numerous opportunities for comparative analysis. Issues to Consider present actual dilemmas and scenarios in each chapter that fuel class discussion. The Second Edition extends its purview to China and Colombia in an ongoing effort to impart a broad perspective on the tactics and strategies used by different countries to combat counterterrorism. An accessible and fascinating text, Global Perspectives on Counterterrorism, Second Edition, features: a practical approach to thinking about a wide variety of issues, including interrogations, the proper forum for trying terrorists, judicial review, international law, intelligence gathering, and policy responses to terrorism simulation exercises that put students in the role of policy and decision-makers Rigorously updated, the revised Second Edition includes: a new chapter on future hotspots of terrorism and the future of counterterrorism, with a focus on Mexico and Somalia new cases, policy documents, and updated discussion of terrorism events around the world




Debating Terrorism and Counterterrorism


Book Description

Debate is an important part of the classroom experience. However, most debate-style readers do a disservice to students by selecting readings from disparate sources that end up talking past one another. As a part of the Debating Politics series from CQ Press, this reader is different. Featuring paired pro/con pieces written specifically for this volume, Debating Terrorism encourages students to actively grapple with the central debates and questions surrounding the subject of terrorism and counterterrorism . With topics ranging from the root causes of terrorism, the role of religion in terrorism, whether suicide terrorism is ever justified, whether the spread of democracy can help defeat terrorism, and what trade-offs, if any, should exist between security and civil liberties, Gottlieb′s outstanding cast of contributors returns in this edition, compelling students to wrestle with the conflicting perspectives that define the field. Gottlieb frames the complexity and sophistication of these issues with incisive chapter headnotes providing students with the requisite context and preparing them to read each argument critically, allowing them to understand the past, present, and future of terrorism and counterterrorism. Each of the selections has been thoroughly updated to account for recent world events, policy changes, and new scholarship. New to the reader, and by reviewer request, is a chapter, "Can Global Institutions Make a Difference in Fighting Terrorism?"




Critical Perspectives on Counter-terrorism


Book Description

This volume examines the rationale, effectiveness and consequences of counter terrorism practices from a range of perspectives and cases. The book critically interrogates contemporary counter-terrorism powers from military campaigns and repression through to the prosecution of terrorist suspects, counter-terrorism policing, counter-radicalisation programmes, and the proscription of terrorist organisations. Drawing on a range of timely and important case studies from around the world including the UK, Sri Lanka, Spain, Canada, Australia and the USA, its chapters explore the impacts of counter-terrorism on individuals, communities, and political processes. The book focuses on three questions of vital importance to any assessment of counter-terrorism. First, what do counter-terrorism strategies seek to achieve? Second, what are the consequences of different counter-terrorism campaigns, and how are these measured? And, third, how and why do changes to counter-terrorism occur? This volume will be of much interest to students of counter-terrorism, critical terrorism studies, criminology, security studies and IR in general.




Judicial Review


Book Description

Political responses to terrorism in the United States and the international community have been to place limitations upon and/or to suspend civil liberties. Since constraining civil liberties may lead to the spread of terror, balancing the competing interests of individual civil liberties and public safety/security measures imposed by government in times of national emergency is essential to reducing terrorism and to the pursuit of peace. Constitutional courts both federal and state through the mechanism of judicial review serve to guard civil liberties against government encroachment. Yet, some scholars decry judicial review as counter-majoritarian, an illegitimate and undemocratic exercise in a representative democracy, while others laud judicial review as an essential function to advance peace, public participation in governing and legitimating democracy's quest to reduce terrorism. This thesis seeks to transcend the debate over judicial review by exploring the views of State Supreme Court Justices on what factors they consider essential to consider when balancing the competing interests. It invites the reader to engage a global discourse. To participate in the political spaces, judges operate to accept that because judicial review offers an alternative to the sword, it is material and relevant to reducing terrorism and that by focusing on the signals, the justices send the public might respond adequately to preserve human dignity during the global war on terror and beyond.




Comparative Counter-Terrorism Law


Book Description

This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.




Comparative Counter-Terrorism Law


Book Description

Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real-world application. Including a thematic introduction and conclusion, this book will help to establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.




Accountability and Review in the Counter-Terrorist State


Book Description

Counter-terrorism is now a permanent and sprawling part of the legislative and operational apparatus of the state, yet little is known about the law and practice of how it is reviewed, how effective the review mechanisms are, what impact they have or how they interact with one another. This book addresses that gap in knowledge by presenting the first comprehensive, critical analysis of counter-terrorism review in the United Kingdom, informed by exclusive interviews with policy makers, politicians, practitioners and civil society.