The National Security Constitution

Author: Paul F. Scott
Publisher: Hart Publishing
ISBN: 9781509911011

Published In: May 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509941155

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Contents

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This book addresses the various ways in which modern approaches to the protection of national security have impacted upon the constitutional order of the United Kingdom.

It outlines and assess the constitutional significance of the three primary elements of the United Kingdom's response to the possibility of terrorism and other phenomena which threaten the security of the state: the body of counter-terrorism legislation which has grown up in the last decade and a half, the evolution of the law of investigatory powers, and (to the extent relevant to the domestic constitution) the law governing international military action and co-operation.

On the basis of this, it demonstrates that national security as a good to be protected and promoted in contemporary Britain is reflected not merely in the emergence of a discrete body of law by which it is protected at home and abroad, but that the concern with national security has leaked into other areas of public law - areas which are not directly linked to terrorism and legal response to it, but which become (whether by accident or design) implicated in these endeavours, with significant and potentially grave consequences for the constitutional order generally.

A renewed and strengthened concern for national security since 9/11 has, it is argued, dragged into its orbit a variety of constitutional phenomena and altered them in its image, giving rise to what we might call a national security constitution.

Introduction: The Constitution and National Security

I. The United Kingdom's Constitutional Order

II. The National Security Constitution

III. Structure

IV. The National Security Council

1. The Counter-Terrorism Constitution

I. Introduction

II. CONTEST and the Joint Terrorism Analysis Centre

III. The Role of the Criminal Law in Counter-Terrorism

IV. Counter-Terrorism Law up to and Including the Terrorism Act 2000

V. The 2000 Act and the Definition of Terrorism

VI. Obsolete Counter-Terrorism Mechanisms