Designing ETPIMS around ECHR review or normalisation of 'preventive' non-trial-Bbsed executive measures?

Fenwick, H.

doi:10.1111/1468-2230.12039

Designing ETPIMS around ECHR review or normalisation of 'preventive' non-trial-Bbsed executive measures?

Fenwick, H.

Authors

Professor Helen Fenwick h.m.fenwick@durham.ac.uk
Professor

Abstract

This article considers the transition in 2012 from control orders to more ECHR-compliant ‘terrorism prevention and investigation measures’ under the Terrorism Prevention and Investigation Measures Act 2011. It argues that the interaction between security and liberty over the post 9/11 years has the appearance of a dialogue between courts and the executive that has resulted in a diminution in the repressive character of non-trial based preventive measures. But such an impression, it will be contended, is obscuring the recalibration of ECHR rights that has occurred, easing the path to the introduction of the enhanced version of TPIMs, under the Enhanced Terrorism Prevention and Investigation Measures Bill. The proposed ETPIMs exhibit many of the objectionable features of control orders and are currently ready to introduce if the threat level rises.

Citation

Fenwick, H. (2013). Designing ETPIMS around ECHR review or normalisation of 'preventive' non-trial-Bbsed executive measures?. Modern Law Review, 76(5), 876-908. https://doi.org/10.1111/1468-2230.12039

Journal Article Type	Article
Publication Date	Sep 2, 2013
Deposit Date	Jun 27, 2013
Publicly Available Date	Apr 17, 2015
Journal	Modern Law Review
Print ISSN	0026-7961
Electronic ISSN	1468-2230
Publisher	Wiley
Peer Reviewed	Peer Reviewed
Volume	76
Issue	5
Pages	876-908
DOI	https://doi.org/10.1111/1468-2230.12039
Keywords	Terrorism, TPIMs, ETPIMs, ECHR, Article 5.

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Copyright Statement
This is the accepted version of the following article: Fenwick, H. (2013), Designing ETPIMs around ECHR Review or Normalisation of ‘Preventive’ Non-Trial-Based Executive Measures?. The Modern Law Review, 76 (5): 876-908, which has been published in final form at http://dx.doi.org/10.1111/1468-2230.12039. This article may be used for non-commercial purposes in accordance With Wiley Terms and Conditions for self-archiving.