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This article is divided into two parts. The first part reflects on the dominant functionalist approach to comparative consumer bankruptcy and suggests that this might be supplemented by a political economy analysis that addresses the role of national and international interest groups, including...
Persistent link: https://www.econbiz.de/10014058489
Citizenship serves different interests. It provides security and empowerment for the citizen. For the state, control of citizenship is an attribute of sovereignty which may treat citizenship as a privilege at its behest rather than an individual right claimed in defiance of its interests. This...
Persistent link: https://www.econbiz.de/10014029941
From March 2020 the coronavirus pandemic led to a series of restrictive UK lockdown measures that severely impacted upon a range of human rights. This chapter identifies and analyses shortcomings in the proportionality review of COVID-era restrictions undertaken by English judges; even allowing...
Persistent link: https://www.econbiz.de/10014030035
The Troubles in Northern Ireland after 1969 generated many deaths and personal injuries. Yet, relatively few instances of loss have been compensated by tort law, and most victims of terrorism have had recourse to programmes of state compensation. Over the years, various schemes have been applied...
Persistent link: https://www.econbiz.de/10014031634
Relatively high standards of human security can be anticipated in most Western jurisdictions. However, differentials between such standards and those prevailing elsewhere (including in Middle Eastern and North African jurisdictions) encourage a form of arbitrage whereby terrorism suspects...
Persistent link: https://www.econbiz.de/10014032490
This paper examines the three principal institutions of the United Kingdom’s intelligence apparatus, the Security Service (MI5), the Secret Intelligence Service (MI6), and the Government Communications Headquarters (GCHQ). It will consider the statutory frameworks that formally established the...
Persistent link: https://www.econbiz.de/10014032491
Four options for the reform of counter-terrorism laws are considered. In Stance 1, the counter-terrorism legislation is left as it stands. Stance 2, ‘ Steady as you go ’, involves the gradual dismantling of the special laws. Stance 3, ‘ No emergency, no emergency law ’ , was suggested by...
Persistent link: https://www.econbiz.de/10014032994
A growing body of international laws against terrorism is being implemented by municipal law. Indeed, domestic delivery is under scrutiny from the UN’s Counter-Terrorism Committee, which has the mandate of hectoring States into taking stern measures. In that light, it is not surprising that...
Persistent link: https://www.econbiz.de/10014033667
This paper analyses police and mass media interrelation in situations of emergency. The research is primarily based upon a close examination of the extensive policy documentation which has emerged since the attacks of September 11, 2001 with special reference to the United Kingdom. Following a...
Persistent link: https://www.econbiz.de/10014033705
Since terrorism is now perceived as a primary and pervasive threat to state security, many states have adopted broad legal definitions of ‘terrorism’ and, upon that basis, have enacted correspondingly expansive policing powers and criminal offences. As a dramatic instance of how these...
Persistent link: https://www.econbiz.de/10014034097