Terrorism and Anti-Terror Legislation: The Terrorised Legislator?

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.
Author(s):
Anna Oehmichen
Series:
Human Rights Research Series
Volume:
34
book | published | 1st edition
September 2009 | xxvi + 444 pp.

Paperback
€79.-


ISBN 9789050959568


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Details

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).

Chapters

Table of Contents (p. 0)

INTRODUCTION (p. 1)

PART 1. CONCEPTUALISATION OF TERRORISM FROM A HISTORICAL PERSPECTIVE

CHAPTER 1. EXAMPLES OF TERRORISM BEFORE 1793 (p. 45)

CHAPTER 2. TERRORIST MOVEMENTS AFTER THE FRENCH REVOLUTION (p. 55)

CHAPTER 3. TERRORISM COMMITTED OR SUPPORTED BY THE STATE (p. 77)

CHAPTER 4. TERRORIST MOVEMENTS WITH DIRECT IMPACT ON LEGISLATION OF THE UK, SPAIN, GERMANY AND FRANCE (p. 101)

CHAPTER 5. CONCLUSIONS OF PART 1 (p. 125)

PART 2. A NATIONAL AND HISTORICAL COMPARISON OF ANTI-TERROR LEGISLATION

CHAPTER 6. ANTI-TERROR LEGISLATION IN THE UK (p. 131)

CHAPTER 7. ANTI-TERROR LEGISLATION IN SPAIN (p. 183)

CHAPTER 8. ANTI-TERROR LEGISLATION IN GERMANY (p. 237)

CHAPTER 9. ANTI-TERROR LEGISLATION IN FRANCE (p. 291)

PART 3. COMPARISON AND ANALYSIS

CHAPTER 10. RELATIONSHIP BETWEEN A TERRORIST ATTACK AND SUBSEQUENT LEGISLATION (p. 337)

CHAPTER 11. CHARACTERISTICS OF ANTI-TERROR LAWS (p. 343)

CHAPTER 12. GENERAL HISTORICAL EVOLUTION OF ANTI-TERROR LEGISLATION (p. 361)

CHAPTER 13. HUMAN RIGHTS PROTECTION AND COUNTER-TERRORISM (p. 365)

CHAPTER 14. SUMMARY (p. 381)

CONCLUSION (p. 383)

EPILOGUE. THREE ESSENTIAL PROBLEMS (p. 389)

Summary (p. 393)

Bibliography (p. 407)

Curriculum Vitae (p. 439)

About the series:

Human Rights Research Series

The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.

The Series is published together with the world famous Netherlands Network for Human Rights Research (formerly School of Human Rights Research), a joint effort by human rights researchers in the Netherlands.

Editorial Board of the Series: Prof. dr. J.E. Goldschmidt (Utrecht University), Prof. dr. D.A. Hellema (Utrecht University), Prof. dr. W.J.M. van Genugten (Tilburg University), Prof. dr. F. Coomans (Maastricht University), Prof. dr. P.A.M. Mevis (Erasmus University Rotterdam), Dr.J.-P. Loof (Leiden University) and Dr. O.M. Ribbelink (Asser Institute).

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