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Counter-terrorism, Constitutionalism and Miscarriages of Justice

A Festschrift for Professor Clive Walker

Editor(s): Genevieve Lennon, Colin King, Carole McCartney
Media of Counter-terrorism, Constitutionalism and Miscarriages of Justice
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Published: 01-11-2018
Format: Hardback
Edition: 1st
Extent: 360
ISBN: 9781509915729
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £85.00
Online price : £76.50
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Loren Epson

About Counter-terrorism, Constitutionalism and Miscarriages of Justice

The purpose of this book is to honour the influential and wide-ranging work of Professor Clive Walker. It explores Professor Walker's influence from three perspectives. Firstly, it provides a historical reflection upon the development of the law and policy in relation to counter-terrorism and miscarriages of justice since the 1970s. This historical perspective, which is often overlooked, is particularly timely 17 years after 9/11 as trends become clearer and historical perspective even more valuable. So too with miscarriages of justice: while there was considerable public and political scrutiny following high-profile miscarriages such as the Birmingham Six, Guildford Four, and others, in the early 1990s, today there is much less scrutiny, despite significant concern relating to issues such as legal aid and access to justice increasing the potential (if not likelihood) for miscarriages to occur. By including a critical historical perspective, this book enables us to learn lessons from the past and to minimise contemporary risks of miscarriages of justice. Secondly, this book provides a critical analysis of the law and policy as it stands today, and its future trajectory. Applying Walker's theoretical and analytical contributions to the field, the authors focus on pressing contemporary concerns, identifying lacunae where relevant, as well as the possible, probable and preferable future trends. Finally, the book celebrates and recognises the significant contributions by Walker, with each chapter built around one or more of Walker's key works.

Table Of Contents

1. Introduction
Genevieve Lennon, Colin King and Carole McCartney

2. The Constitutional Governance of Counter-Terrorism
Brice Dickson
3. Beyond the Ordinary: Criminal Law and Terrorism
Dermot Walsh
4. Terrorism and Counter-Terrorism in the UK: From Northern Irish Troubles to Global Islamist Jihad
Steven Greer
5. Strategies for Countering Terrorism: An Australian Perspective
Keiran Hardy and George Williams
6. Shades of Independent Review
David Anderson
7. The Use of Special Advocates in Countering Terrorism: Human Rights, Best Practice and Procedural Tradition
John Jackson
8. Lawyers, Military Commissions and the Rule of Law in Democratic States
Fionnuala Ní Aoláin
9. Excluding Terrorists
Jessie Blackbourn
10. Speaking of Terrorism and Terrorist Speech: Defining the Limits of Terrorist Speech Offences
Anneke Petzsche and Manuel Cancio Meliá
11. All-Risks Counter-Terrorist Policing
Genevieve Lennon

12. Defining Miscarriages of Justice in the Context of Post-9/11 Counter-Terrorism
Kent Roach
13. The Doctrine of Public Interest Immunity and Fair Trial Guarantees
Simon McKay
14. T e Forensic Science Paradox
Carole McCartney
15. Post-Conviction Review in England and Wales: Perpetuating and Rectifying Miscarriages of Justice
Stephanie Roberts
16. Justice Denied? Compensation for Miscarriages of Justice
Hannah Quirk and Colin King
17. Revisiting Miscarriages of Justice: Innocence Projects, Review Commissions and Expert Evidence
Kathryn M Campbell

18. Living with Counter-Terrorism Laws and their Discontents
Clive Walker


“Lennon, King and McCartney have composed a brilliant symphony for an extraordinary (ongoing) career which offers a trove of rigorous expert legal analysis neatly set in sociopolitical and historical context. Imbued with healthy doses of realism and humility, the volume is an apt tribute to a towering figure on the academic counterterrorism scene which he has done so much to build.” –  Gavin Robinson, University of Luxembourg, New Journal of European Criminal Law

“Professor Clive Walker ... deserves the tribute of this highly informed and important book. Its last chapter, his own retrospective, is absolutely required reading. The other chapters inform and sometimes provoke, covering the entire range of counter-terrorism issues, including strategy, definitions and governance, exclusion, terrorist speech and miscarriages of justice. That such an international and stellar group of authors has contributed is its own tribute. All who are interested in the subject must read this book.” –  Lord Carlile of Berriew CBE QC,

“In this rich collection, the towering contribution of Professor Clive Walker to the intersecting fields of counter-terrorism, miscarriages of justice and civil liberties is not only acknowledged and celebrated, but supplies the bedrock for a thoroughly contemporary examination of the challenges in each. Walker's own research has always been distinguished by his deep appreciation of history and context, so it should not surprise that these chapters benefit from a similar engagement with the operation of political and legal institutions, intelligence agencies and the police. There are no easy answers to the questions which Walker has asked over his career – but this collection in his honour illuminates the complexity of those questions in ways that will inform, stimulate and guide all who read it.” –  Professor Andrew Lynch, Faculty of Law, University of New South Wales, Australia,

“Professor Clive Walker is one of the greatest legal scholars of our time. His work on counterterrorist law and policy has shaped the field not just in Ireland and the United Kingdom, but in Australia, Canada, the United States, and across the globe. This festschrift brings together some of the leading scholars who have been part of this conversation, reading like a who's who of counterterrorist law. In so doing, it is itself an important contribution to the continued challenges of responding to terrorism while recognizing the fundamental importance of individual rights, justice, and the rule of law.” –  Professor Laura K. Donohue, Georgetown University Law Center, Washington, D.C.,

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