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

Fenwick, H. (2013) 'Designing ETPIMS around ECHR review or normalisation of 'preventive' non-trial-Bbsed executive measures?', Modern law review., 76 (5). pp. 876-908.

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.

Item Type:Article
Keywords:Terrorism, TPIMs, ETPIMs, ECHR, Article 5.
Full text:(AM) Accepted Manuscript
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Status:Peer-reviewed
Publisher Web site:http://dx.doi.org/10.1111/1468-2230.12039
Publisher 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.
Date accepted:No date available
Date deposited:17 April 2015
Date of first online publication:September 2013
Date first made open access:No date available

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