Counter-Terrorism, Human Rights and the Rule of Law: Crossing Legal Boundaries in Defence of the State

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Aniceto Masferrer, Clive Walker
Edward Elgar Publishing, Sep 30, 2013 - Law - 360 pages
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‘A 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 security powers. It carefully examines the boundaries between crime and thought, crime and war, the domestic and the international and the legal and the illegal-boundaries that were once seen as inviolate, but which have become blurred during the last turbulent decade.’
– Kent Roach, University of Toronto, Canada

  

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Contents

1 Countering terrorism and crossing legal boundaries
3
2 What does terrorism mean?
17
3 The fragility of fundamental rights in the origins of modern constitutionalism
37
4 Myths and misunderstandings about security rights and liberty in the United Kingdom
61
PART II Crossing legal boundaries from liberty to crime
85
5 Terrorism as a criminal offence
87
6 Freedom of thought or thoughtcrimes? Counterterrorism and freedom of expression
106
7 Terrorism and crimes against humanity
128
9 Critical perspectives on the evaluation of counterterrorism strategies
169
10 The right of access to a lawyer in terrorist cases
189
11 Erasing the distinction between antiterrorist and criminal justice measures in Ireland
212
PART IV Crossing legal boundaries in counterterrorism organisations
239
12 Crossborder law enforcement in the area of counterterrorism
241
13 Detention in extremis
265
14 The amplification and melding of counterterrorism agencies
293
Select bibliography
320

8 Safety interviews adverse inferences and the relationship between terrorism and ordinary criminal law
149
PART III Crossing legal boundaries in criminal justice systems
167

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