Executive Summary: Leaving the War on Terror
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Law Research Paper Series Paper #002 2019
Law Research Paper Series Paper #002 2019 Terrorism and Transnational Law: Rules of Law Under Conditions of Globalisation Author: Dr Cian C. Murphy, Bristol Law School This paper is drawn from Zumbansen, ed, Oxford Handbook of Trasnational Law (forthcoming 2019). bristol.ac.uk/law/research/legal-research -papers ISSN 2515-897X The Bristol Law Research Paper Series publishes a broad range of legal scholarship in all subject areas from members of the University of Bristol Law School. All papers are published electronically, available for free, for download as pdf files. Copyright remains with the author(s). For any queries about the Series, please contact [email protected]. I. INTRODUCTION Since its first invocation, as a criticism of the French Revolution, the term ‘terrorism’ has been used to refer to threats to legal and political order. The Anglo-Irish political philosopher, Edmund Burke, said the French revolutionaries were ‘Hell-hounds called Terrorists’.1 The revolutionaries themselves wore the term with honour. Robespierre declared that terror is ‘nothing else than swift, severe, inflexible justice; it is therefore an emanation of virtue’.2 These two early uses of the term illustrate its role as a site of conflict about the legitimacy of political violence both by and against state order. And, at least until the end of the twentieth century, political violence – even terrorism – was seen as sometimes capable of justification. Today it is the pejorative meaning that has won out. The ‘-ist suggests a philosophy – but one which comes down to spilling guts and hacking off heads’ and so to be a terrorist is ‘to be accused of being cleaned out of ideas’.3 This, to an extent, is oxymoronic. -
New Labour, Old Morality
New Labour, Old Morality. In The IdeasThat Shaped Post-War Britain (1996), David Marquand suggests that a useful way of mapping the „ebbs and flows in the struggle for moral and intellectual hegemony in post-war Britain‟ is to see them as a dialectic not between Left and Right, nor between individualism and collectivism, but between hedonism and moralism which cuts across party boundaries. As Jeffrey Weeks puts it in his contribution to Blairism and the War of Persuasion (2004): „Whatever its progressive pretensions, the Labour Party has rarely been in the vanguard of sexual reform throughout its hundred-year history. Since its formation at the beginning of the twentieth century the Labour Party has always been an uneasy amalgam of the progressive intelligentsia and a largely morally conservative working class, especially as represented through the trade union movement‟ (68-9). In The Future of Socialism (1956) Anthony Crosland wrote that: 'in the blood of the socialist there should always run a trace of the anarchist and the libertarian, and not to much of the prig or the prude‟. And in 1959 Roy Jenkins, in his book The Labour Case, argued that 'there is a need for the state to do less to restrict personal freedom'. And indeed when Jenkins became Home Secretary in 1965 he put in a train a series of reforms which damned him in they eyes of Labour and Tory traditionalists as one of the chief architects of the 'permissive society': the partial decriminalisation of homosexuality, reform of the abortion and obscenity laws, the abolition of theatre censorship, making it slightly easier to get divorced. -
Research Note: Former Special Advisers in Cabinet, 1979-2013
Research Note: Former Special Advisers in Cabinet, 1979-2013 Executive Summary Sixteen special advisers have gone on to become Cabinet Ministers. This means that of the 492 special advisers listed in the Constitution Unit database in the period 1979-2010, only 3% entered Cabinet. Seven Conservative party Cabinet members were formerly special advisers. o Four Conservative special advisers went on to become Cabinet Ministers in the 1979-1997 period of Conservative governments. o Three former Conservative special advisers currently sit in the Coalition Cabinet: David Cameron, George Osborne and Jonathan Hill. Eight Labour Cabinet members between 1997-2010 were former special advisers. o Five of the eight former special advisers brought into the Labour Cabinet between 1997-2010 had been special advisers to Tony Blair or Gordon Brown. o Jack Straw entered Cabinet in 1997 having been a special adviser before 1979. One Liberal Democrat Cabinet member, Vince Cable, was previously a special adviser to a Labour minister. The Coalition Cabinet of January 2013 currently has four members who were once special advisers. o Also attending Cabinet meetings is another former special adviser: Oliver Letwin as Minister of State for Policy. There are traditionally 21 or 22 Ministers who sit in Cabinet. Unsurprisingly, the number and proportion of Cabinet Ministers who were previously special advisers generally increases the longer governments go on. The number of Cabinet Ministers who were formerly special advisers was greatest at the end of the Labour administration (1997-2010) when seven of the Cabinet Ministers were former special advisers. The proportion of Cabinet made up of former special advisers was greatest in Gordon Brown’s Cabinet when almost one-third (30.5%) of the Cabinet were former special advisers. -
Policing Terrorism
Policing Terrorism A Review of the Evidence Darren Thiel Policing Terrorism A Review of the Evidence Darren Thiel Policing Terrorism A Review of the Evidence Darren Thiel © 2009: The Police Foundation All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, without the prior permission of The Police Foundation. Any opinions, findings and conclusions or recommendations expressed in this publication are those of the author and do not necessarily reflect the views of the Police Foundation. Enquires concerning reproduction should be sent to The Police Foundation at the address below. ISBN: 0 947692 49 5 The Police Foundation First Floor Park Place 12 Lawn Lane London SW8 1UD Tel: 020 7582 3744 www.police-foundation.org.uk Acknowledgements This Review is indebted to the Barrow Cadbury Trust which provided the grant enabling the work to be conducted. The author also wishes to thank the academics, researchers, critics, police officers, security service officials, and civil servants who helped formulate the initial direction and content of this Review, and the staff at the Police Foundation for their help and support throughout. Thanks also to Tahir Abbas, David Bayley, Robert Beckley, Craig Denholm, Martin Innes and Bob Lambert for their insightful, constructive and supportive comments on various drafts of the Review. Any mistakes or inaccuracies are, of course, the author’s own. Darren Thiel, February 2009 Contents PAGE Executive Summary 1 Introduction 5 Chapter -
How to Lead the Labour Party – It’S Not Only About Winning Office, but About Defining the Political Spectrum and Reshaping British Society
blogs.lse.ac.uk http://blogs.lse.ac.uk/politicsandpolicy/2010/09/27/how-to-lead-the-labour-party-%e2%80%93- it%e2%80%99s-not-only-about-winning-office-but-about-defining-the-political-spectrum-and- reshaping-british-society/ How to lead the Labour party – it’s not only about winning office, but about defining the political spectrum and reshaping British society With Labour receiving just 29 per cent of the vote in the 2010 general election, Ed Miliband has a mountain to climb as the party’s new leader. Robin Archer argues that a purely centrist approach to his new job would be self-defeating and that he has an unusual opportunity to revive British social democracy. Debates about where Ed Miliband will lead Labour next are certain to dominate the rest of this year’s Labour conference and indeed his whole first year in office. What does the leadership of Labour require? What should his leadership strategy be? To answer, we need to examine some fundamentals. We know from opinion surveys that when UK voters’ preferences are plotted on a left-right spectrum the resulting graph typically takes the form of a bell curve. The largest numbers of voters cluster around the median voter (the person in the centre of the left/right distribution), and decreasing numbers hold positions as we move further to the left or the right. In plurality electoral systems dominated by two main parties (and even if the Alternative Vote is introduced, Britain will still fall into this category) two pure strategies are available. -
New Labour, Globalization, and the Competition State" by Philip G
Centerfor European Studies Working Paper Series #70 New Labour, Globalization, and the Competition State" by Philip G. Cemy** Mark Evans" Department of Politics Department of Politics University of Leeds University of York Leeds LS2 9JT, UK York YOlO SDD, U.K Email: [email protected] Email: [email protected] • Will also be published in Econonry andSocitD' - We would like to thank the Nuffield Foundation, the Center for European Studies, Harvard University,and the Max-Planck-Institut fur Gesellschaftsforshung, Cologne, for their support during the writing of this paper. Abstract The concept of the Competition State differs from the "Post-Fordist State" of Regulation Theory, which asserts that the contemporary restructuring of the state is aimed at maintaining its generic function of stabilizing the national polity and promoting the domestic economy in the public interest In contrast, the Competition State focuses on disempowering the state from within with regard to a range of key tasks, roles, and activities, in the face of processes of globalization . The state does not merely adapt to exogenous structural constraints; in addition, domestic political actors take a proactive and preemptive lead in this process through both policy entrepreneurship and the rearticulation of domestic political and social coalitions, on both right and left, as alternatives are incrementally eroded. State intervention itself is aimed at not only adjusting to but also sustaining, promoting, and expanding an open global economy in order to capture its perceived -
The Impact of Counter-Terrorism Measures on Muslim Communities
Equality and Human Rights Commission Research report 72 The impact of counter-terrorism measures on Muslim communities Tufyal Choudhury and Helen Fenwick Durham University The impact of counter-terrorism measures on Muslim communities Tufyal Choudhury and Helen Fenwick Durham University © Equality and Human Rights Commission 2011 First published Spring 2011 ISBN 978 1 84206 383 5 Equality and Human Rights Commission Research Report series The Equality and Human Rights Commission Research Report Series publishes research carried out for the Commission by commissioned researchers. The views expressed in this report are those of the authors and do not necessarily represent the views of the Commission. The Commission is publishing the report as a contribution to discussion and debate. Please contact the Research Team for further information about other Commission research reports, or visit our website: Research Team Equality and Human Rights Commission Arndale House The Arndale Centre Manchester M4 3AQ Email: [email protected] Telephone: 0161 829 8500 Website: www.equalityhumanrights.com If you require this publication in an alternative format, please contact the Communications Team to discuss your needs at: [email protected] Contents Tables i Acknowledgements ii Foreword iii Executive summary v 1. Introduction 1 1.1 Background 1 1.2 Methodology 2 1.3 Structure of this report 3 2. The community, security and policing context 5 2.1 The community context 5 2.2 The security context 9 2.3 The legal and policy context 13 2.4 The policing context 15 2.5 Summary 17 3. Ports and airports 18 3.1 Security measures 18 3.2 Schedule 7 19 3.3 Summary 28 4. -
Download Thepdf
Volume 59, Issue 5 Page 1395 Stanford Law Review KEEPING CONTROL OF TERRORISTS WITHOUT LOSING CONTROL OF CONSTITUTIONALISM Clive Walker © 2007 by the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review at 59 STAN. L. REV. 1395 (2007). For information visit http://lawreview.stanford.edu. KEEPING CONTROL OF TERRORISTS WITHOUT LOSING CONTROL OF CONSTITUTIONALISM Clive Walker* INTRODUCTION: THE DYNAMICS OF COUNTER-TERRORISM POLICIES AND LAWS................................................................................................ 1395 I. CONTROL ORDERS ..................................................................................... 1403 A. Background to the Enactment of Control Orders............................... 1403 B. The Replacement System..................................................................... 1408 1. Control orders—outline................................................................ 1408 2. Control orders—contents and issuance........................................ 1411 3. Non-derogating control orders..................................................... 1416 4. Derogating control orders............................................................ 1424 5. Criminal prosecution.................................................................... 1429 6. Ancillary issues............................................................................. 1433 7. Review by Parliament and the Executive...................................... 1443 C. Judicial Review.................................................................................. -
Survey Report
YouGov Survey Results Sample Size: 1096 Labour Party Members Fieldwork: 27th February - 3rd March 2017 EU Ref Vote 2015 Vote Age Gender Social Grade Region Membership Length 2016 Leadership Vote Not Rest of Midlands / Pre Corbyn After Corbyn Jeremy Owen Don't Know / Total Remain Leave Lab 18-39 40-59 60+ Male Female ABC1 C2DE London North Scotland Lab South Wales leader leader Corbyn Smith Did Not Vote Weighted Sample 1096 961 101 859 237 414 393 288 626 470 743 353 238 322 184 294 55 429 667 610 377 110 Unweighted Sample 1096 976 96 896 200 351 434 311 524 572 826 270 157 330 217 326 63 621 475 652 329 115 % % % % % % % % % % % % % % % % % % % % % % Which of the following issues, if any, do you think Labour should prioritise in the future? Please tick up to three. Health 66 67 59 67 60 63 65 71 61 71 68 60 58 67 74 66 66 64 67 70 57 68 Housing 43 42 48 43 43 41 41 49 43 43 41 49 56 45 40 35 22 46 41 46 40 37 Britain leaving the EU 43 44 37 45 39 45 44 41 44 43 47 36 48 39 43 47 37 46 42 35 55 50 The economy 37 37 29 38 31 36 36 37 44 27 39 32 35 40 35 34 40 46 30 29 48 40 Education 25 26 15 26 23 28 26 22 25 26 26 24 22 25 29 23 35 26 25 26 23 28 Welfare benefits 20 19 28 19 25 15 23 23 14 28 16 28 16 21 17 21 31 16 23 23 14 20 The environment 16 17 4 15 21 20 14 13 14 19 15 18 16 21 14 13 18 8 21 20 10 19 Immigration & Asylum 10 8 32 11 10 12 10 9 12 8 10 11 12 6 9 15 6 10 10 8 12 16 Tax 10 10 11 10 8 8 12 8 11 8 8 13 9 11 10 9 8 8 11 13 6 2 Pensions 4 3 7 4 4 3 5 3 4 4 3 6 5 2 6 3 6 2 5 5 3 1 Family life & childcare 3 4 4 4 3 3 3 4 2 5 3 4 1 4 3 5 2 4 3 4 4 3 Transport 3 3 3 3 4 5 2 2 4 1 3 2 3 5 2 2 1 4 3 4 3 0 Crime 2 2 6 2 2 4 2 1 3 2 2 2 1 3 1 3 4 2 2 2 3 1 None of these 0 0 1 0 0 0 0 0 0 0 0 1 0 0 1 0 0 0 0 0 0 1 Don’t know 1 1 0 1 1 1 0 1 1 0 1 0 1 1 1 0 1 1 0 0 1 1 Now thinking about what Labour promise about Brexit going into the next general election, do you think Labour should.. -
1 Recapturing Labour's Traditions? History, Nostalgia and the Re-Writing
Recapturing Labour’s Traditions? History, nostalgia and the re-writing of Clause IV Dr Emily Robinson University of Nottingham The making of New Labour has received a great deal of critical attention, much of which has inevitably focused on the way in which it placed itself in relation to past and future, its inheritances and its iconoclasm.1 Nick Randall is right to note that students of New Labour have been particularly interested in ‘questions of temporality’ because ‘New Labour so boldly advanced a claim to disrupt historical continuity’.2 But it is not only academics who have contributed to this analysis. Many of the key figures associated with New Labour have also had their say. The New Labour project was not just about ‘making history’ in terms of its practical actions; the writing up of that history seems to have been just as important. As early as 1995 Peter Mandelson and Roger Liddle were preparing a key text designed ‘to enable everyone to understand better why Labour changed and what it has changed into’.3 This was followed in 1999 by Phillip Gould’s analysis of The Unfinished Revolution: How the Modernisers Saved the Labour Party, which motivated Dianne Hayter to begin a PhD in order to counteract the emerging consensus that the modernisation process began with the appointment of Gould and Mandelson in 1983. The result of this study was published in 2005 under the title Fightback! Labour’s Traditional Right in the 1970s and 1980s and made the case for a much longer process of modernisation, strongly tied to the trade unions. -
A Comparative Research Study on Radical and Extremist (Hate) Speakers in European Member States
A Comparative Research Study on Radical and Extremist (Hate) Speakers in European Member States Authors: Dr. Ulad Belavusau, Dr. Berenice Boutin, Dr. Rumyana Grozdanova, Dr. Marloes van Noorloos, Dr. Christophe Paulussen Independent Quality Control: Professor Emeritus Clive Walker Editors: Dr. Rumyana Grozdanova, Maria Sperling Table of Contents Introduction ................................................................................................................................ 4 Section 1 – International Legal Obligations ................................................................................... 5 Section 2 – Regional Legal Obligations .......................................................................................... 7 1. Council of Europe – General Regime ....................................................................................... 7 2. European Court of Human Rights Jurisprudence .................................................................... 9 Section 3 – Country Case Studies ................................................................................................ 10 A. Belgium ...................................................................................................................... 10 1. Criminal Law Provisions ........................................................................................................ 10 2. Immigration Law Provisions .................................................................................................. 13 3. Administrative Law on Demonstrations -
The Terrorism Acts in 2015
THE TERRORISM ACTS IN 2015 REPORT OF THE INDEPENDENT REVIEWER ON THE OPERATION OF THE TERRORISM ACT 2000 AND PART 1 OF THE TERRORISM ACT 2006 by DAVID ANDERSON Q.C. Independent Reviewer of Terrorism Legislation DECEMBER 2016 THE TERRORISM ACTS IN 2015 REPORT OF THE INDEPENDENT REVIEWER ON THE OPERATION OF THE TERRORISM ACT 2000 AND PART 1 OF THE TERRORISM ACT 2006 by DAVID ANDERSON Q.C. Independent Reviewer of Terrorism Legislation Presented to Parliament pursuant to Section 36(5) of the Terrorism Act 2006 December 2016 © David Anderson 2016 The text of this document (this excludes, where present, the Royal Arms and all departmental or agency logos) may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not in a misleading context. The material must be acknowledged as David Anderson copyright and the document title specified. Where third party material has been identified, permission from the respective copyright holder must be sought. Any enquiries regarding this publication should be sent to the Independent Reviewer at [email protected] or by post to David Anderson Q.C. at Brick Court Chambers, 7-8 Essex Street, London WC2R 3LD. This publication is available at http://terrorismlegislationreviewer.independent.gov.uk Print ISBN 9781474138871 Web ISBN 9781474138888 ID 14111609 12/16 Printed on paper containing 75% recycled fibre content minimum. Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office CONTENTS Page EXECUTIVE SUMMARY 2 1. INTRODUCTION 3 2. THREAT PICTURE 9 3.