Professor Helen Fenwick h.m.fenwick@durham.ac.uk
Professor
Designing ETPIMS around ECHR review or normalisation of 'preventive' non-trial-Bbsed executive measures?
Fenwick, H.
Authors
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. |
Files
Accepted Journal Article
(533 Kb)
PDF
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.
You might also like
Downloadable Citations
About Durham Research Online (DRO)
Administrator e-mail: dro.admin@durham.ac.uk
This application uses the following open-source libraries:
SheetJS Community Edition
Apache License Version 2.0 (http://www.apache.org/licenses/)
PDF.js
Apache License Version 2.0 (http://www.apache.org/licenses/)
Font Awesome
SIL OFL 1.1 (http://scripts.sil.org/OFL)
MIT License (http://opensource.org/licenses/mit-license.html)
CC BY 3.0 ( http://creativecommons.org/licenses/by/3.0/)
Powered by Worktribe © 2024
Advanced Search