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Legitimacy and state responses to terrorism : the UK and France
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Hodgson, Jacqueline (2013) Legitimacy and state responses to terrorism : the UK and France. Working Paper. Coventry: University of Warwick. Warwick School of Law Research Paper (Number 2013/30).
An open access version can be found in:
Official URL: http://ssrn.com/abstract=2366856
Abstract
The legitimacy of the state’s response to terrorism in the UK and in France might be challenged at a number of levels. Whilst the stated aim of both jurisdictions is to deal with terrorism through the ordinary criminal law, the, often exceptional, measures enacted through both criminal law and procedure make the response far from ordinary. Furthermore, the response has included controversial non-criminal measures restricting the liberty of suspected terrorists where it is claimed that the sensitive nature of the evidence prevents prosecution. The justification for these wider police powers, attenuated suspects’ rights, broad and ill-defined criminal offences, forms of preventive detention, and the increased role for intelligence, is that we now face a new and different kind of threat, one that merits a new and different response. Britain and to a lesser extent France, have bought into the post 9/11 conception that this is beyond crime; this is a war against terror.
Item Type: | Working or Discussion Paper (Working Paper) | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Series Name: | Warwick School of Law Research Paper | ||||
Publisher: | University of Warwick | ||||
Place of Publication: | Coventry | ||||
Official Date: | 12 December 2013 | ||||
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Number: | Number 2013/30 | ||||
Number of Pages: | 49 | ||||
Institution: | University of Warwick | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Open Access (Creative Commons) | ||||
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Open Access Version: |
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