Author: Barry Vaughan,Shane Kilcommins
Category: Social Science
The rule of law is becoming a victim of the struggle against terrorism. Many countries are reviewing their security procedures and questioning whether due process rights hinder them in the war on terror. There is increasing emphasis on preventive detention or strategies of disablement that cut into the liberties of suspects who may not have committed a crime. The focus of this book is the Republic of Ireland, where the risk of political violence has constantly threatened the Irish state. To ensure its survival, the state has resorted to emergency laws that weaken due process rights. The effects of counter-terrorism campaigns upon the rule of law governing criminal justice in Ireland are a central feature of this book. Globalization has supported this crossover, as organized crime seems immune to conventional policing tactics. But globalization fragments the authority of the state by introducing a new justice network. New regulatory agencies are entrusted with powers to control novel risks and social movements adopt a human rights discourse to contest state power and emergency laws. The result of this conflux of actors and risks is are negotiation of the model of justice that citizens can expect. Terrorism, Rights and the Rule of Law contributes to current debates about civil liberties in the war on terror, how counter-terrorism can contaminate criminal justice, and how globalization challenges a state-centred view of criminal justice. It will be of key interest to students of criminology, law, human rights and sociology,as well as legal and other practitioners and policy-makers.
US and UK Perspectives
Author: Robert H. Wagstaff
Publisher: Oxford University Press, USA
Wagstaff describes how 9/11 terrorist attacks provoked panicked responses from the United States and the United Kingdom resulting in detentions of suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the rule of law. The legality of the detentions was challenged and found wanting by the highest courts in both the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined these questions within a human rights criminal law context.
Women, Political Protest and the Prison Experience
Author: Azrini Wahidin
Category: Social Science
This book explores the contours of women's involvement in the Irish Republican Army, political protest and the prison experience in Northern Ireland. Through the voices of female and male combatants, it demonstrates that women remained marginal in the examination of imprisonment during the Conflict and in the negotiated peace process. However, the book shows that women performed a number of roles in war and peace that placed constructions of femininity in dissent. Azrini Wahidin argues that the role of the female combatant is not given but ambiguous. She indicates that a tension exists between different conceptualisations of societal security, where female combatants both fought against societal insecurity posed by the state and contributed to internal societal dissonance within their ethno-national groups. This book tackles the lacunae that has created a disturbing silence and an absence of a comprehensive understanding of women combatants, which includes knowledge of their motivations, roles and experiences. It will be of particular interest to scholars of criminology, politics and peace studies./div
A Comparative Analysis
Author: Liz Campbell
Publisher: Bloomsbury Publishing
Organised Crime and the Law presents an overview of the laws and policies adopted to address the phenomenon of organised crime in the United Kingdom and Ireland, assessing the changes to these justice systems, in terms of the prevention, investigation, prosecution and punishment of such criminality. While the notion of organised crime is a contested one, States' legal responses treat it and its constituent offences as unproblematic in a definitional sense. This book advances a systematic doctrinal critique of these domestic criminal laws,laws of evidence and civil processes. Organised Crime and the Law focuses on the tension between due process and crime control, the demands of public protection and risk aversion, and other adaptations. In particular, it identifies parallels and points of divergence between the different jurisdictions in the UK and Ireland, bearing in mind the shared history of subversive threats and counter-terrorism policies. It also examines the extent to which policy transfer is evident in the UK and Ireland in terms of emulating the United States in reacting to organised crime.
Publisher: United Nations Publications
The Liberal State Response
Author: Paul Wilkinson
Publisher: Taylor & Francis
Category: Political Science
This book examines the terrorist networks that operate globally and analyses the long-term future of terrorism and terrorist-backed insurgencies. Terrorism remains a serious problem for the international community. The global picture does not indicate that the ‘war on terror’, which President George W. Bush declared in the wake of the 9/11 attacks, has been won. On the other hand it would be incorrect to assume that Al Qaeda, its affiliates and other jihadi groups have won their so-called ‘holy war’ against the Coalition against Terrorism formed after 9/11. This new edition gives more attention to the political and strategic impact of modern transnational terrorism, the need for maximum international cooperation by law-abiding states to counter not only direct threats to the safety and security of their own citizens but also to preserve international peace and security through strengthening counter-proliferation and cooperative threat reduction (CTR). This book is essential reading for undergraduate and postgraduate students of terrorism studies, political science and international relations, as well as for policy makers and journalists.
Author: Great Britain Parliament House of Commons Justice Committee
Publisher: The Stationery Office
Incorporating HC 54-i-iii, session 2009-10 and HC 1093-i-ii, session 2008-09
Author: Miriam Gani,Penelope Mathew
Publisher: ANU E Press
Category: Social Science
On 20 September 2001, in an address to a Joint Session of Congress and the American people, President George W Bush declared a 'war on terror'. The concept of the 'war on terror' has proven to be both an attractive and a potent rhetorical device. It has been adopted and elaborated upon by political leaders around the world, particularly in the context of military action in Afghanistan and Iraq. But use of the rhetoric has not been confined to the military context. The 'war on terror' is a domestic one, also, and the phrase has been used to account for broad criminal legislation, sweeping agency powers and potential human rights abuses throughout much of the world. This collection seeks both to draw on and to engage critically with the metaphor of war in the context of terrorism. It brings together a group of experts from Australia, Canada, the United Kingdom, France and Germany who write about terrorism from a variety of disciplinary perspectives including international law and international relations, public and constitutional law, criminal law and criminology, legal theory, and psychology and law.
Proceedings and Debates of the ... Congress
Author: United States. Congress
Author: Marie Breen-Smyth
Category: Political Science
Aimed at scholars, students and lay persons interested in peace and conflict studies, The Ashgate Research Companion to Political Violence is a comprehensive resource to understand the principal debates on political violence, a field which is becoming an increasingly important part of courses on peace and conflict. Organized into seven main sections, this volume deals with a wide range of issues covering the following important research areas: · Issues of definition and nomenclature and how contests over these relate to political violence. · Theoretical frameworks and methods for understanding and researching political violence. · Motivations and goals of those who use political violence. · The various forms of political violence. · Perspectives on countering political violence, by state and non-state actors. · Why and how political violence ends. · The aftermath of political violence. Contributions by leading scholars in the field provide an authoritative guide and source book on political violence for the scholar, the researcher and the informed general reader.
A Comparative Perspective
Author: Zoltán Szente,Fruzsina Gárdos-Orosz
In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends. This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.
Author: Misha Klein,Adrian Lee McIntyre
The Wars for the Twenty-first Century
Author: Philip Bobbitt
Publisher: Penguin UK
Category: Political Science
The wars against terror have begun, but it will take some time before the nature and composition of these wars is widely understood. The objective of these wars is not the conquest of territory, or the silencing of any particular ideology, but rather to secure the necessary environment for states to operate according to principles of consent and make it impossible for our enemies to impose or induce states of terror. Terror and Consent argues that, like so many states and civilizations in the past that suffered defeat, we are fighting the last war, with weapons and concepts that were useful to us then but have now been superseded. Philip Bobbitt argues that we need to reforge links that previous societies have made between law and strategy; to realize how the evolution of modern states has now produced a globally networked terrorism that will change as fast as we can identify it; to combine humanitarian interests with strategies of intervention; and, above all, to rethink what 'victory' in such a war, if it is a war, might look like - no occupied capitals, no treaties, no victory parades, but the preservation, protection and defence of states of consent. This is one of the most challenging and wide-ranging books of any kind about our modern world.
Cases and Commentary
Author: Liz Campbell,Shane Kilcommins,Catherine O'Sullivan (LL.M, Ph.D.)
Criminal Law: Cases and Commentary is designed to help law students to understand the fundamental rules, principles and policy considerations that govern the criminal law in Ireland.
Category: Conflict of laws
The Legal Control of Political Violence
Author: Kevin Boyle,Tom Hadden,Paddy Hillyard
Category: Civil rights
Author: Deirdre Healy,Claire Hamilton,Yvonne Daly,Michelle Butler
Category: Social Science
The Routledge Handbook of Irish Criminology is the first edited collection of its kind to bring together the work of leading Irish criminologists in a single volume. While Irish criminology can be characterised as a nascent but dynamic discipline, it has much to offer the Irish and international reader due to the unique historical, cultural, political, social and economic arrangements that exist on the island of Ireland. The Handbook consists of 30 chapters, which offer original, comprehensive and critical reviews of theory, research, policy and practice in a wide range of subject areas. The chapters are divided into four thematic sections: Understanding crime examines specific offence types, including homicide, gangland crime and white-collar crime, and the theoretical perspectives used to explain them. Responding to crime explores criminal justice responses to crime, including crime prevention, restorative justice, approaches to policing and trial as well as post-conviction issues such as imprisonment, community sanctions and rehabilitation. Contexts of crime investigates the social, political and cultural contexts of the policymaking process, including media representations, politics, the role of the victim and the impact of gender. Emerging ideas focuses on innovative ideas that prompt a reconsideration of received wisdom on particular topics, including sexual violence and ethnicity. Charting the key contours of the criminological enterprise on the island of Ireland and placing the Irish material in the context of the wider European and international literature, this book is essential reading for those involved in the study of Irish criminology and international and comparative criminal justice.
Author: Shane Kilcommins
Publisher: Institute of Public Administration
Category: Criminal justice, Administration of
House of Commons official report
Author: Great Britain. Parliament. House of Commons
Category: Great Britain