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LAW IN THE CONTROL OF TERRORISM AND INSURRECTION - THE BRITISH LABORATORY EXPERIENCE

NCJ Number
62057
Journal
Law and Contemporary Problems Volume: 42 Issue: 2 Dated: (SPRING 1978) Pages: 140-201
Author(s)
J W BISHOP
Date Published
1978
Length
62 pages
Annotation
AN AMERICAN LAWYER DISCUSSES PROBLEMS FACING THE ENGLISH LEGISLATURE, THE EXECUTIVE, AND THE COURTS IN VIEW OF THE BRITISH LEGAL BACKGROUND AND THE TERRORISM OF THE IRISH REPUBLICAN ARMY (IRA).
Abstract
IN AN OPEN SOCIETY, THE TERRORIST POSES FORMIDABLE PROBLEMS FOR LAW ENFORCEMENT OFFICIALS AND INSTITUTIONS. SOME QUESTIONS ENGLAND FACED, FOR EXAMPLE, DURING INCREASED TERRORIST ATTACKS BY THE IRA WERE: WHAT WERE THE GRIEVANCES AND HOW WOULD THEY BE REDRESSED? (2) HOW COULD THE VIOLENCE BE CONTROLLED WITH A MINIMUM OF FORCE AND INTERFERENCE WITH NORMAL FREEDOM? (3) WHAT EMERGENCY POWERS SHOULD BE GIVEN POLICE AND MILITARY SECURITY FORCES? (4) WHAT LIMITATIONS ON THE USE OF FORCE SHOULD BE IMPOSED? AND (5) WHAT DEROGATIONS FROM THE ORDINARY CRIMINAL PROCESS SHOULD BE ALLOWED? THE AUTHOR DISCUSSES SOLUTIONS TO THESE QUESTIONS IN TERMS OF THE LEGISLATION THAT AROSE: THE NORTHERN IRELAND CONSTITUTION ACT OF 1973, THE NORTHERN IRELAND EMERGENCY PROVISIONS ACT OF 1973 WHICH SUBSTITUTED FOR MARTIAL LAW, AND THE 1975 REPORT OF THE GARDINER COMMITTEE WHICH WAS SET UP TO EVALUATE THE 1973 ACT AND ITS RESULTS. THE AUTHOR ALSO SUGGESTS THAT POLITICAL AND LEGAL PROCESSES BE USED TO PREVENT MINORITY OPPRESSION, AND THAT THE AMERICAN CONSTITUTION, ENFORCEABLE BY THE COURTS, SEEMS TO OFFER BETTER ASSURANCE FOR THE MAINTENANCE OF CIVIL LIBERTIES IN AN EMERGENCY, THAN DOES THE BRITISH TRUST IN THE SELF-RESTRAINT OF THE GOVERNMENT AND THE PARLIAMENT. FOOTNOTES ARE PROVIDED. (AOP)