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Terrorism and Anti-Terror Legislation: The Terrorised Legislator?

A Comparison of Counter-Terrorism Legislation and Its Implications on Human Rights in the Legal Systems of the United Kingdom, Spain, Germany and Fran

Book | 1st edition 2009 | World | Anna Oehmichen
Description

The present volume deals with terrorism, both the legislative reactions to it and its impact on human rights. It is argued that the preservation of human rights is vital for the prevention of terrorism, encompassing state and non-state terrorism alike. Further, the study shows that legislators tend to disregard fundamental human rights when confronted with terrorism. They are “terrorised” themselves by the incident and risk to overreact.
After an historical account of selected (pseudo-?)terrorist movements throughout time and space, an inventory of anti-terror legislation in four European countries within the last forty years follows. In this context, the author examines the role of the judiciary with a special focus on the European Court of Human Rights in Strasbourg. As a result, we get a complex view on what happened with regard to terrorism and anti-terrorism in different European countries in the past and is happening at present, and what this means for human rights. This allows us to put contemporary anti-terror legislation into perspective. How have different governments dealt with terrorism in the past? How has the law developed after September 11th 2001? Which lessons can be learned, and what can we expect in the future?


About this book
‘This book is to be recommended since it discusses both the European choices in the fight against terror and their problems.’
Sarah Baier in Newsletter Menschenrechte 2010 (1).

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9789050959568
Series name Human Rights Research Series
Weight 812 g
Status Available
Number of pages xxvi + 444 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Sep 25, 2009
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No
Chapters

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  • Table of Contents
  • INTRODUCTION
  • PART 1. CONCEPTUALISATION OF TERRORISM FROM A HISTORICAL PERSPECTIVE
  • CHAPTER 1. EXAMPLES OF TERRORISM BEFORE 1793
  • CHAPTER 2. TERRORIST MOVEMENTS AFTER THE FRENCH REVOLUTION
  • CHAPTER 3. TERRORISM COMMITTED OR SUPPORTED BY THE STATE
  • CHAPTER 4. TERRORIST MOVEMENTS WITH DIRECT IMPACT ON LEGISLATION OF THE UK, SPAIN, GERMANY AND FRANCE
  • CHAPTER 5. CONCLUSIONS OF PART 1
  • PART 2. A NATIONAL AND HISTORICAL COMPARISON OF ANTI-TERROR LEGISLATION
  • CHAPTER 6. ANTI-TERROR LEGISLATION IN THE UK
  • CHAPTER 7. ANTI-TERROR LEGISLATION IN SPAIN
  • CHAPTER 8. ANTI-TERROR LEGISLATION IN GERMANY
  • CHAPTER 9. ANTI-TERROR LEGISLATION IN FRANCE
  • PART 3. COMPARISON AND ANALYSIS
  • CHAPTER 10. RELATIONSHIP BETWEEN A TERRORIST ATTACK AND SUBSEQUENT LEGISLATION
  • CHAPTER 11. CHARACTERISTICS OF ANTI-TERROR LAWS
  • CHAPTER 12. GENERAL HISTORICAL EVOLUTION OF ANTI-TERROR LEGISLATION
  • CHAPTER 13. HUMAN RIGHTS PROTECTION AND COUNTER-TERRORISM
  • CHAPTER 14. SUMMARY
  • CONCLUSION
  • EPILOGUE. THREE ESSENTIAL PROBLEMS
  • Summary
  • Bibliography
  • Curriculum Vitae