Contingency planning and resilience are of prime importance to the late modern risk society, with implications for law and for governance arrangements. Our risk society continues to seek ever more complex and detailed risk mitigation responses by law, including the UK’s Civil Contingencies Act 2004 and the US Homeland Security Act 2002, which respond to counter-terrorism, natural catastrophes, and other risks. This book seeks to analyse and criticise the legal developments in contingencies and resilience on a comparative basis, which engages with not only law and constitutionalism but also political theory and policy, including relations between public and private, national and local, and civil and military. Two transcending themes are of interest. One is institutional or structural – what bodies and power relations should we establish in a late modern world where Critical National Infrastructure is mainly held in private hands? The second is dynamic and concerns the grant of powers and arrangements for live responses. Both aspects are subjected to a strong critical stance based in 'constitutionalism', which demands state legitimacy even in extreme situations by the observance of legality, effectiveness, accountability, and individual rights. This book was originally published as a special issue of the International Journal of Human Rights.

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.

This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists. The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists.

This book represents an interdisciplinary academic endeavour intended to provide readers with a comprehensive, balanced, and nuanced examination of critical issues at the intersection of cyberspace, cyberterrorism, and national and international security. It draws insights from a range of diverse fields, including Computer Science, Social Science, Political Science, International Relations, Criminology, and Law. Furthermore, the book investigates the field of Artificial Intelligence (AI) and related technologies, exploring their dual role in this dynamic landscape of contemporary cyberthreats, with both constructive and malicious implications. The book comprises four distinct themes, with each theme represented by a dedicated Part. Within this organisational framework, each overarching theme is systematically explored through a series of chapters, providing readers with a clear and thematic roadmap for their journey through the content. Part I, Understanding Terrorism and Counter-Terrorism Strategies, of the book explores complexities surrounding contemporary global security challenges. It serves as the foundational segment of the book, consisting of three chapters that critically analyse various dimensions of terrorism and the strategies implemented to combat it. Part II, Cyberterrorism Landscape, of the book offers an in-depth assessment of the current cyberterrorism landscape. This section comprises two critical chapters, each contributing to a comprehensive understanding of the contemporary threats posed by cyberterrorism and their implications for national security. Part III, Countering Cyberterrorism with Technology, of the book forms the core of the book’s exploration into leveraging technology to mitigate the threats of cyberterrorism. This section includes four critical chapters, collectively providing an in-depth understanding of the intersection between technology and counterterrorism strategies. Part IV, Artificial Intelligence and National and International Security, of the book delves into the complex relationship between AI technology and the broader security landscape. Comprising three pivotal chapters, this section provides a detailed understanding of AI’s transformative role in shaping the future of national and international security. This comprehensive resource serves as a valuable reference for law enforcement, policymakers, cybersecurity experts, researchers, academics, and technology enthusiasts interested in counter-terrorism efforts. By exploring the intricate landscape of cyberspace, this book equips readers with knowledge essential to addressing the evolving challenges posed by cyber terrorism. This comprehensive resource serves as a valuable reference for law enforcement, policymakers, cybersecurity experts, researchers, academics, and technology enthusiasts interested in counter-terrorism efforts. By exploring the intricate landscape of cyberspace, this book equips readers with knowledge essential to addressing the evolving challenges posed by cyber terrorism. This comprehensive resource serves as a valuable reference for law enforcement, policymakers, cybersecurity experts, researchers, academics, and technology enthusiasts interested in counter-terrorism efforts. By exploring the intricate landscape of cyberspace, this book equips readers with knowledge essential to addressing the evolving challenges posed by cyber terrorism. This comprehensive resource serves as a valuable reference for law enforcement, policymakers, cybersecurity experts, researchers, academics, and technology enthusiasts interested in counter-terrorism efforts. By exploring the intricate landscape of cyberspace, this book equips readers with knowledge essential to addressing the evolving challenges posed by cyber terrorism. This comprehensive resource serves as a valuable reference for law enforcement, policymakers, cybersecurity experts, researchers, academics, and technology enthusiasts interested in counter-terrorism efforts. By exploring the intricate landscape of cyberspace, this book equips readers with knowledge essential to addressing the evolving challenges posed by cyber terrorism. This comprehensive resource serves as a valuable reference for law enforcement, policymakers, cybersecurity experts, researchers, academics, and technology enthusiasts interested in counter-terrorism efforts. By exploring the intricate landscape of cyberspace, this book equips readers with knowledge essential to addressing the evolving challenges posed by cyber terrorism. This comprehensive resource serves as a valuable reference for law enforcement, policymakers, cybersecurity experts, researchers, academics, and technology enthusiasts interested in counter-terrorism efforts. By exploring the intricate landscape of cyberspace, this book equips readers with knowledge essential to addressing the evolving challenges posed by cyber terrorism. This comprehensive resource serves as a valuable reference for law enforcement, policymakers, cybersecurity experts, researchers, academics, and technology enthusiasts interested in counter-terrorism efforts. By exploring the intricate landscape of cyberspace, this book equips readers with knowledge essential to addressing the evolving challenges posed by cyber terrorism. /divThis comprehensive resource serves as a valuable reference for law enforcement, policymakers, cybersecurity experts, researchers, academics, and technology enthusiasts interested in counter-terrorism efforts. By exploring the intricate landscape of cyberspace, this book equips readers with knowledge essential to addressing the evolving challenges posed by cyber terrorism. /div

Are We Safe Enough? Measuring and Assessing Aviation Security explains how standard risk analytic and cost-benefit analysis can be applied to aviation security in systematic and easy-to-understand steps. The book evaluates and puts into sensible context the risks associated with air travel, the risk appetite of airlines and regulators and the notion of acceptable risk. It does so by describing the effectiveness, risk reduction and cost of each layer of aviation security, from policing and intelligence to checkpoint passenger screening to arming pilots on the flight deck. - Quantifies the risks, costs and benefits of various aviation security methods, including policing, intelligence, PreCheck, checkpoint passenger screening, behavioral detection, air marshals and armed pilots - Focuses on security measures that reduce costs without reducing security, including PreCheck, Federal Flight Deck Officer program and Installed Physical Secondary Barriers - Features risk-reduction insights with global applications that are fully transparent, and fully explored through sensitivity analysis

Chasing Ghosts exposes the ill-founded paranoia that has allowed the national security state to both feed at the public trough and undermine America's civil liberties tradition.

Why have the early years of the 21st century seen increasing use of emergency-type powers or claims of supra-legal executive authority, particularly by the Western countries regarded as the world's leading democracies, notably the United States? This book examines the extraordinary range of executive and prerogative powers, emergency legislation, martial law provisos and indemnities in countries with English-derived legal systems, primarily the UK, the US and Australia. The author challenges attempts by legal and academic theorists to relativise, rationalise, legitimise or propose supposedly safe limits for the use of emergency powers, especially since the September 2001 terrorist attacks. This volume also considers why the reputation of Carl Schmitt, the best-known champion of 'exceptional' dictatorial powers during the post-1919 Weimer Republic in Germany, and who later enthusiastically served and sanctified the Nazi dictatorship, is being rehabilitated, and examines why his totalitarian doctrines are thought to be of relevance to modern society. This diverse book will be of importance to politicians, the media, the legal profession, as well as academics and students of law, humanities and politics.

A lucid analysis of the constitutional and legal issues arising from Australian governmental responses to various sorts of emergencies.

The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies. This book brings together leading legal scholars in the field of counter-terrorism and constitutional law, and focuses their attention on the issue of surveillance. The breadth of topics covered in this collection include: the growth and diversification of mechanisms of mass surveillance, the challenges that technological developments pose for constitutionalism, new actors in the surveillance state (such as local communities and private organisations), the use of surveillance material as evidence in court, and the effectiveness of constitutional and other forms of review of surveillance powers. The book brings a strong legal focus to the debate surrounding surveillance and counter-terrorism, and draws important conclusions about the constitutional implications of the expansion of surveillance powers after 9/11.

This historically embedded treatment of theoretical debates about prerogative and reason of state spans over four centuries of constitutional development. Commencing with the English Civil War and the constitutional theories of Hobbes and the Republicans, it moves through eighteenth-century arguments over jealousy of trade and commercial reason of state to early imperial concerns and the nineteenth-century debate on the legislative empire, to martial law and twentieth-century articulations of the state at the end of empire. It concludes with reflections on the contemporary post-imperial security state. The book synthesises a wealth of theoretical and empirical literature that allows a link to be made between the development of constitutional ideas and global realpolitik. It exposes the relationship between internal and external pressures and designs in the making of the modern constitutional polity and explores the relationship between law, politics and economics in a way that remains rare in constitutional scholarship.