Counter-terrorism, constitutionalism and miscarriages of justice : a festschrift for Professor Clive Walker

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Counter-terrorism, constitutionalism and miscarriages of justice : a festschrift for Professor Clive Walker

edited by Genevieve Lennon, Colin King and Carole McCartney

Hart, 2021

  • : pb

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"Paperback edition, 2021"--T.p. verso

Includes bibliographical references and index

Description and Table of Contents

Description

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 17 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, 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 and 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. Applying Walker's theoretical and analytical contributions to the field, the authors focus on 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.

Table of Contents

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 Ni Aolain 9. Excluding Terrorists Jessie Blackbourn 10. Speaking of Terrorism and Terrorist Speech: Defining the Limits of Terrorist Speech Offences Anneke Petzsche and Manuel Cancio Melia 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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