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The Right To A Fair Trial In The Context Of Counter Terrorism
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Book Synopsis The Right to a Fair Trial in the Context of Counter-terrorism by : Johannes Krebs
Download or read book The Right to a Fair Trial in the Context of Counter-terrorism written by Johannes Krebs and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the recent fight against terrorism Western liberal democracies have significantly expanded pre-emptive measures, such as inchoate and preparatory offences or control orders. As these measures rely increasingly on the use of sensitive information, their application poses a dilemma. On the one hand, sensitive information may be necessary as evidence in an open court to justify the coercive measure or demonstrate the innocence of the suspect. On the other hand, states are reluctant to disclose such information where there is a risk to national security, preferring either to supress the information or to use it in secret. Such practices, however, may seriously violate the principle of fairness - and its attached individual right to a fair trial - a principle sitting not only at the core of the criminal justice system, but also forming part of the rule of law and democracy itself. The thesis poses the questions of what limitations are acceptable to the right to a fair trial, and what safeguards are necessary when states allow the suppression or use of sensitive information in criminal and related proceedings. The thesis is therefore concerned with finding an appropriate judicial methodology for addressing the dilemma in court. It argues that without a proper process (often generally described as balancing), minimum standards of fairness are more likely to be lowered due to security pressures. Principles, however, which emphasise the right to a fair trial and require justifications for any limitation in the interest of national security are capable of retaining higher standards. Hence the thesis suggests that while what is fair must be decided in the particular circumstances, what needs to be taken into consideration in order to achieve fairness can be defined. By comparing the case law from Australia and the United Kingdom, the thesis then offers an in-depths analyses of various degrees of balancing and principles when dealing with sensitive information, as well as the dynamics and interaction that accompany the two approaches between the branches of government. The two countries are particularly suitable for such an enquiry as they share a legal heritage, but have diverged increasingly over the last decades in how to protect human rights. While the thesis generally favours a principled approach as now predominantly applied in the UK, it does not simply propose a legal transplant for Australia, which so far has rejected any legislation including principles. Rather the comparison points out the reasons why Australian judges behave differently and challenges the Australian Parliament to amend the relevant legislation in accordance with its own values in order to retain high standards of fair trial protection in proceedings dealing with sensitive information.
Book Synopsis The Right to a Fair Trial by : Thom Brooks
Download or read book The Right to a Fair Trial written by Thom Brooks and published by Routledge. This book was released on 2017-07-05 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear what precisely should count as a 'fair' trial and who should decide verdicts. This already difficult issue has become even more important given a number of proposed reforms of the trial, especially for defendants charged with terrorism offences. This collection, The Right to a Fair Trial, is the first to publish in one place the most influential work in the field on the following topics: including the right to jury trial; lay participation in trials; jury nullification; trial reform; the civil jury trial; and the more recent issue of terrorism trials. The collection should help inform both scholars and students of both the importance and complexity of the right to a fair trial, as well as shed light on how the trial might be further improved.
Book Synopsis Terrorism and the Limitation of Rights by : Stefan Sottiaux
Download or read book Terrorism and the Limitation of Rights written by Stefan Sottiaux and published by Bloomsbury Publishing. This book was released on 2008-02-29 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.
Book Synopsis VIOLATION OF FUNDAMENTAL LIBERTIES IN COUNTER-TERRORISM MEASURES: A HUMAN RIGHTS APPROACH by : Dr. Behnam Rastegari
Download or read book VIOLATION OF FUNDAMENTAL LIBERTIES IN COUNTER-TERRORISM MEASURES: A HUMAN RIGHTS APPROACH written by Dr. Behnam Rastegari and published by Lulu.com. This book was released on 2014-07-08 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the impact of counter-terrorism measures on specific elements of international human rights that are at the greatest risk of abuse in light of contemporary counter-terrorism measures, including the right to life; the right to free from torture and cruel, inhuman or degrading treatment or punishment; the right to a fair trial; the right to privacy; and the right to liberty and security. Besides, for enrichment of discussions a number of cases have reviewed.
Book Synopsis The Right to a Fair Trial in International Law by : Amal Clooney
Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.
Download or read book The Rule of Law written by Tom Bingham and published by Penguin UK. This book was released on 2011-07-07 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Book Synopsis Handbook on Criminal Justice Responses to Terrorism by :
Download or read book Handbook on Criminal Justice Responses to Terrorism written by and published by United Nations Publications. This book was released on 2010 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acknowledgements -- Introduction and legal context -- Key components of an effective criminal justice response to terrorism -- Criminal justice accountability and oversight mechanisms
Book Synopsis Counter-Terrorism, Human Rights and the Rule of Law by : Aniceto Masferrer
Download or read book Counter-Terrorism, Human Rights and the Rule of Law written by Aniceto Masferrer and published by Edward Elgar Publishing. This book was released on 2013-09-30 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu
Book Synopsis Human Rights in Times of Conflict and Terrorism by : Louise Doswald-Beck
Download or read book Human Rights in Times of Conflict and Terrorism written by Louise Doswald-Beck and published by OUP Oxford. This book was released on 2011-09-22 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a guide to international human rights law as it applies to situations of armed conflict, to counter-terrorism measures and to any other situation of actual or potential violence requiring security measures. These situations can lead to some of the most fundamental human rights being put in danger of being violated. These include the right to life, the prohibition of torture and inhuman or degrading treatment, enforced disappearance, all the rights relating to detention and due process of law, and the freedoms most commonly affected by armed conflict and counter-terrorism. The book begins with a presentation on the application of human rights to such situations and an explanation of the regime of limitations and derogations. After an overall description of the relationship between human rights law, on the one hand, and international humanitarian law and international counter-terrorism measures, on the other, the book concentrates on the rights themselves. Each chapter presents the relevant treaty provisions and explains the interpretation of the rights by reference to the case law and general comments of these treaty bodies. The book concludes with a section on how international human rights law protects certain vulnerable and disadvantaged populations in such situations.
Book Synopsis Counter-terrorism, Constitutionalism and Miscarriages of Justice by : Genevieve Lennon
Download or read book Counter-terrorism, Constitutionalism and Miscarriages of Justice written by Genevieve Lennon and published by Bloomsbury Publishing. This book was released on 2018-11 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: A tribute to Clive Walker / Adam Crawford and David Wall -- Introduction / Genevieve Lennon, Colin King and Carole McCartney -- The constitutional governance of counter-terrorism / Brice Dickson -- Beyond the ordinary : criminal law and terrorism / Dermot Walsh -- Terrorism and counter-terrorism in the UK : from Northern Irish troubles to global Islamist jihad / Steven Greer -- Strategies for countering terrorism : an Australian perspective / Keiran Hardy and George Williams -- Shades of independent review / David Anderson -- The use of special advocates in countering terrorism : human rights, best practice and procedural tradition / John Jackson -- Lawyers, military commissions and the rule of law in democratic states / Fionnuala Ní Aoláin -- Excluding terrorists / Jessie Blackbourn -- Speaking of terrorism and terrorist speech : defining the limits of terrorist speech offences / Anneke Petzsche and Manuel Cancio Meliá -- All-risks counter-terrorist policing / Genevieve Lennon -- Defining miscarriages of justice in the context of post-9/11 counter-terrorism / Kent Roach -- The doctrine of public interest immunity and fair trial guarantees / Simon McKay -- The forensic science paradox / Carole McCartney -- Post-conviction review in England and Wales : perpetuating and rectifying miscarriages of justice / Stephanie Roberts -- Justice denied : compensation for miscarriages of justice / Hannah Quirk and Colin King -- Revisiting miscarriages of justice : innocence projects, review commissions and expert evidence / Kathryn M Campbell -- Living with counter-terrorism laws and their discontents / Clive Walker.
Book Synopsis The Rule of Law in an Era of Change by : George J. Andreopoulos
Download or read book The Rule of Law in an Era of Change written by George J. Andreopoulos and published by Springer. This book was released on 2018-07-16 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This forward-thinking volume examines the rule of law from a global perspective, in the context of a growing array of transnational challenges and threats As the United Nations (UN) notes, the rule of law constitutes the basis “on which fair and just societies are built.” The contributions to this volume provide insights to several emerging debates about what the rule of law means in the modern era of warfare and of massive and systematic human rights violations that call for robust and transparent accountability mechanisms and processes. The authors of this work examine several controversial topics, including: -The growing use of drones, and the morality of long distance use -The UN Security Council’s evolving counterterrorism policies and practices -Victims’ Rights and the effort to provide meaning and justice to victims and survivors of terrorism - The relationship between the International Criminal Court (ICC) and Truth and Reconciliation Commissions (TRCs) -The effectiveness of the international criminal justice process overall, with an eye to procedural fairness and justice. This timely work will be of interest to researchers in criminal justice, particularly with a focus on counter-terrorism and international justice, as well as international law, human rights, and international studies.
Book Synopsis The Right to a Fair Trial in International Law by : Amal Clooney
Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by Oxford University Press. This book was released on 2021-02-11 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.
Book Synopsis Global Anti-Terrorism Law and Policy by : Victor V. Ramraj
Download or read book Global Anti-Terrorism Law and Policy written by Victor V. Ramraj and published by Cambridge University Press. This book was released on 2012-01-12 with total page 703 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventing acts of terrorism remains one of the major tasks of domestic governments and regional and international organisations. Terrorism transcends borders, so anti-terrorism law must cross the boundaries of domestic, regional and international law. It also crosses traditional disciplinary boundaries between administrative, constitutional, criminal, financial, immigration, international and military law, as well as the law of war. This second edition provides a comprehensive resource on how domestic, regional and international responses to terrorism have developed since 2001. Chapters that focus on a particular country or region in the Americas, Europe, Africa and Asia are complemented by overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy.
Book Synopsis Comparative Counter-Terrorism Law by : Kent Roach
Download or read book Comparative Counter-Terrorism Law written by Kent Roach and published by Cambridge University Press. This book was released on 2015-07-23 with total page 839 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.
Book Synopsis Countering Terrorism, Protecting Human Rights by : Jonathan Cooper (prawnik)
Download or read book Countering Terrorism, Protecting Human Rights written by Jonathan Cooper (prawnik) and published by . This book was released on 2007 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This manual aims to familiarize states' senior policy makers with the fundamental human rights standards they are obliged to adhere to under international law when devising efforts to combat terrorism and extremism. The manual refers extensively to the case law of the European Court of Human Rights, legal precedents that serve as working examples of how fundamental human rights law as set out by United Nations Conventions are applied in practical contexts. It gives in-depth guidance on, inter alia, the international frameworks protecting human rights and countering terrorism, extra-territorial application of international human rights obligations, and the rights to life, liberty, fair trial, privacy, freedom of expression and association, and how they may be respected in the context of countering terrorism. The impact of the absolute prohibitions on torture and ill-treatment are explained in the context of renditions, expulsions and extraditions.
Book Synopsis Human Rights in the 'War on Terror' by : Richard Wilson
Download or read book Human Rights in the 'War on Terror' written by Richard Wilson and published by Cambridge University Press. This book was released on 2005-10-03 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the war on terror since 9/11 from a human rights perspective.
Book Synopsis The Protective Principle of International Criminal Jurisdiction by : Iain Cameron
Download or read book The Protective Principle of International Criminal Jurisdiction written by Iain Cameron and published by Dartmouth Publishing Company. This book was released on 1994 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the role and function that the protective principle plays in international criminal law as a whole. It also analyzes the systems of criminal jurisdiction in Sweden and the United States. Shorter analyses are also made of the Danish, Norwegian and British systems.
