The Anti–Terrorism, Crime and Security Act 2001: A Proportionate Response to 11 September?

Fenwick, Helen

doi:10.1111/1468-2230.00405

Cited by 49 publications

(8 citation statements)

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“…While knowing that problems of human rights would probably arise in a mid‐term future, the Ministry tried to get the measures adopted as quickly as possible (Haubrich : 8–9). Concerns related to civil rights and the quick legislative process, also formulated by members of Labour (Smith : 146), were brushed aside by the government, referring to the emergency article in the ECHR: ‘In effect, the Convention rights were used to cast a legitimizing cloak over legislation which was clearly rights‐abridging’ (Fenwick : 728). This general impression is reinforced when looking at the bureaucratic preparations for the legislation, which mainly aimed at quick and effective measures.…”

Section: Empirical Analysis: Law and Order Policies In Germany And Thmentioning

confidence: 99%

The ‘third way’ and the politics of law and order: Explaining differences in law and order policies between Blair's New Labour and Schröder's SPD

Wenzelburger

Staff

2017

European J Political Res

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Advocating more repressive law and order policies along the slogan ‘tough on crime, tough on the causes of crime’ in their election manifesto, Tony Blair in the United Kingdom and Gerhard Schröder in Germany were elected in the late 1990s. Once in power, however, only New Labour substantially toughened law and order policies, whereas the German Social Democrats did not change the legal status quo, to a similar extent, during their mandate. This article tackles this puzzle, arguing that the preferences of the ministers and the formal and informal rules shaping the balance of power in government are crucial to understanding why two governments that initially advocated similar policies adopted a rather different policy stance. The results are based on meticulous process tracing and a series of elite interviews concerning two major topics in the realm of law and order during the 1990s: policies directed at sexual offenders, and policies responding to the terrorist attacks of 9/11.

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Section: Empirical Analysis: Law and Order Policies In Germany And Thmentioning

confidence: 99%

The ‘third way’ and the politics of law and order: Explaining differences in law and order policies between Blair's New Labour and Schröder's SPD

Wenzelburger

Staff

2017

European J Political Res

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“…Therefore it widened the net of 'terrorism' and potentially brought within it persons who were wrongly considered to be terrorists -since the evidence was tested to such a low standard. 8 To introduce the scheme the government needed to derogate from Article 5 of the European Convention on Human Rights (ECHR), which protects the International Review of Law Computers & Technology 261 right to liberty scheduled in the Human Rights Act 1988 (HRA). This meant under Article 15 of the ECHR that a state of emergency had to be in being and the measures taken had to be proportionate to the exigencies of the emergency situation.…”

Section: Detention Without Trial Under the Anti-terrorism Crime And Smentioning

confidence: 99%

Proactive counter-terrorist strategies in conflict with human rights

Fenwick

2008

International Review of Law, Computers & Technology

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“…The House of Commons spent only 16 hours scrutinising the Bill and offered not a single amendment. 15 The House of Lords considered this reprehensible and proceeded with a painstaking examination of the Bill inflicting a number of defeats on the government, which had to be accepted because of the tight timetable it had pressed. Certain provisions were reinstated as a matter of compromise and this included establishing the UK Anti-Terrorism Legislation 483 SIAC as a superior Court of Record.…”

Section: Statutory Background To the House Of Lords Proceedingsmentioning

confidence: 99%

UK Anti-Terrorism Legislation: Still Disproportionate?

Hanlon

2007

The International Journal of Human Rights

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The Anti-Terrorism, Crime and Security Act 2001 was introduced immediately following the Al Qa'eda attacks in the USA as a response to the terrorist threat to the UK's national security. In a major government policy reversal, Part 4 re-introduced indefinite detention without charge or trial, necessitating derogation from Article 5 of the European Convention. Judicial review and habeas corpus were expressly excluded remedies. Three years after the first detentions, the Law Lords produced a landmark judgment quashing the designated derogation order and making a judicial declaration of incompatibility of the legislation with human rights law on the grounds of proportionality and discrimination. This article reviews their main findings, government and parliamentary reaction, and the succeeding legislation assessing whether the Law Lords' concerns were properly met or, in fact, sidestepped.

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The Anti–Terrorism, Crime and Security Act 2001: A Proportionate Response to 11 September?

Cited by 49 publications

References 0 publications

The ‘third way’ and the politics of law and order: Explaining differences in law and order policies between Blair's New Labour and Schröder's SPD

The ‘third way’ and the politics of law and order: Explaining differences in law and order policies between Blair's New Labour and Schröder's SPD

Proactive counter-terrorist strategies in conflict with human rights

UK Anti-Terrorism Legislation: Still Disproportionate?

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