Designing Etpims around ECHR Review or Normalisation of ‘Preventive’ Non‐Trial‐Based Executive Measures
Bibliographic Data
| ID | 13618666 |
|---|---|
| Authors | Helen Fenwick (0000-0002-7178-7715, Durham University, corresponding author) |
| Year | 2013 |
| Volume | 76 |
| Issue | 5 |
| Pages | 876-908 |
| Publication date | 2013-09-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/1468-2230.12039 |
| OpenAlex | W1542866379 |
| Language | EN |
| Citations received | 1 |
| References cited | 16 |
This article considers the transition in 2012 from control orders to more ECHR ‐compliant ‘terrorism prevention and investigation measures’ under the T errorism P revention and I nvestigation M easures A ct 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
Business · Computer network · Control (management · Path (computing · Political science · Terrorism · Computer Science · Criminal Law and Evidence · Criminal Law and Policy · Law · Torture, Ethics, and Law
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,17 |
| Citation span | 2020 - 2020 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |