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Counter-terrorism, Constitutionalism and Miscarriages of Justice: A Festschrift for Professor Clive Walker

Counter-terrorism, Constitutionalism and Miscarriages of Justice: A Festschrift for Professor Clive Walker

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509915729
  • 出版时间 November 2018
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509943944
HKD 1,250.00
发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    The purpose of this book is to honour the influential and wide-ranging work of Professor Clive Walker. It explores Professor Walker's influence from three perspectives.

    Firstly, it provides a historical reflection upon the development of the law and policy in relation to counter-terrorism and miscarriages of justice since the 1970s. This historical perspective, which is often overlooked, is particularly timely seventeen years after 9/11 as trends become clearer and historical perspective even more valuable. So too with miscarriages of justice: while there was considerable public and political scrutiny following high profile miscarriages such as the Birmingham Six, Guildford Four, and others, in the early 1990s, today there is much less scrutiny and concern, despite significant concern relating to issues such as legal aid and access to justice increasing the potential (if not likelihood) for miscarriages to occur. By including a critical historical perspective, this book enables us to learn lessons from the past, to minimise contemporary risks of miscarriages of justice.

    Secondly, this book provides a critical analysis of the law and policy as it stands today, and its future trajectory. Building upon Walker's theoretical and analytical contributions to the field, the contributors will apply these to pressing contemporary concerns, identifying lacunae where relevant, as well as the possible, probable and preferable future trends.

    Finally, the book celebrates and recognises the significant contributions by Walker, with each chapter built around one or more of Walker's key works. The authors will critically assess Walker's contribution to the relevant area before providing their assessment of the current state of the field and likely future trends.

  • 1. Introduction
    Genevieve Lennon, Colin King and Carole McCartney

    PART I
    COUNTER-TERRORISM
    2. The Constitutional Governance of Counter-Terrorism
    Brice Dickson
    3. Beyond the Ordinary: Criminal Law and Terrorism
    Dermot Walsh
    4. Terrorism and Counter-Terrorism in the UK: From Northern Irish Troubles to Global Islamist Jihad
    Steven Greer
    5. Strategies for Countering Terrorism: An Australian Perspective
    Keiran Hardy and George Williams
    6. Shades of Independent Review
    David Anderson
    7. The Use of Special Advocates in Countering Terrorism: Human Rights, Best Practice and Procedural Tradition
    John Jackson
    8. Lawyers, Military Commissions and the Rule of Law in Democratic States
    Fionnuala Ní Aoláin
    9. Excluding Terrorists
    Jessie Blackbourn
    10. Speaking of Terrorism and Terrorist Speech: Defining the Limits of Terrorist Speech Offences
    Anneke Petzsche and Manuel Cancio Meliá
    11. All-Risks Counter-Terrorist Policing
    Genevieve Lennon

    PART II
    MISCARRIAGES OF JUSTICE
    12. Defining Miscarriages of Justice in the Context of Post-9/11 Counter-Terrorism
    Kent Roach
    13. The Doctrine of Public Interest Immunity and Fair Trial Guarantees
    Simon McKay
    14. T e Forensic Science Paradox
    Carole McCartney
    15. Post-Conviction Review in England and Wales: Perpetuating and Rectifying Miscarriages of Justice
    Stephanie Roberts
    16. Justice Denied? Compensation for Miscarriages of Justice
    Hannah Quirk and Colin King
    17. Revisiting Miscarriages of Justice: Innocence Projects, Review Commissions and Expert Evidence
    Kathryn M Campbell

    PART III
    A RETROSPECTIVE
    18. Living with Counter-Terrorism Laws and their Discontents
    Clive Walker

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