HRA and Terrorism Flashcards
What triggered the expansion of UK anti-terrorism legislation in the 2000s?
The 9/11 attacks in the US and the London bombings on 7 July 2005
What are three rights commonly restricted by UK anti-terrorism laws?
- The right to liberty
- The right to a fair trial
- The right to privacy
What is judicial deference in national security, and what did Liversidge v Anderson [1942] establish?
Judicial deference is when courts avoid challenging the executive on security matters. In Liversidge, the House of Lords accepted the Home Secretary’s power to detain without trial based on “reasonable cause,” showing extreme deference
What was the ECtHR’s ruling in Chahal v UK (1996)?
The UK could not deport a man to India where he risked torture, even on national security grounds. The case emphasised absolute protection from torture under Article 3 ECHR
What does Article 15 of the ECHR allow during emergencies?
It permits states to derogate from certain rights in times of war or emergency, but measures must be strictly necessary and proportionate
What are control orders and how were they introduced?
Introduced by the Prevention of Terrorism Act 2005, control orders imposed restrictions like curfews and electronic tagging on terror suspects without trial
What are TPIMs and why were they introduced?
The Terrorism Prevention and Investigation Measures Act 2011 replaced control orders with less intrusive measures, aiming to protect national security while addressing human rights concerns
What is the ongoing debate about the HRA’s effectiveness in national security cases?
Critics argue the HRA provides limited protection against government power (Ewing & Tham), while others (e.g. Kavanagh) believe it has increased judicial scrutiny and accountability
What power did the ATCSA 2001 grant the government?
The power to detain non-UK nationals indefinitely without trial if suspected of international terrorism
