Description
Book SynopsisThis book considers the constitutional position of the judiciary and its role in shaping the individual's relations with the state.
Table of ContentsList of boxes; List of tables; Introduction; 1. Liberty and Rights. Liberty, Civil Liberties and Human Rights. Classical Civil Liberties and Socio-Economic Rights. The Diceyan Tradition. A Bill of Rights for the United Kingdom? Conclusion; 2. Human Rights Legislation. The Human Rights Act 1998. Human Rights in Scotland. Human Rights in the United Kingdom: an Alternative Perspective. Conclusion: Human Rights Legislation and the Judiciary; 3. Judges and Judging . The Declaratory Theory of Law. The Inherent Flaws of Judicial Reasoning. Judicial Independence in England and Wales. Judicial Independence in Scotland. The Spoils System: Appointing Federal Judges in the USA. Judicial Impartiality; 4. Politics and the Judiciary. The Judiciary in the United Kingdom: a Socialist Analysis. Civil Liberties, Law Enforcement and National Security. The Judiciary and Civil Liberties in the USA. The New Politics of the Judiciary in the United Kingdom. Conclusion; 5. Controlling Public Spaces in the United Kingdom. The Politics of Public Order. The Growth of Statutory Regulation of Public Spaces in the UK. Public Order Law: a Civil Libertarian Critique. A Conservative Perspective on Law and Order. Conclusion: A Cause for Concern?; 6. Is Big Brother Really Watching You? The Politics of Covert and Mass Surveillance. The Politics of Covert and Mass Surveillance. Covert Surveillance in the United Kingdom: the Movement towards Statutory Regulation. Investigatory Powers. Court Surveillance and Civil Liberties: A Case Study. The Establishment Response. Court Surveillance in America: the USA/ Patriot Act. Conclusion: Towards the Mass Surveillance State; 7. Emergency Powers. A Short History of Anti-Terrorism Law in the United Kingdom. The Implications of Anti-Terrorism Legislation for Civil Liberties. Anti-Terrorism Law and the Civil Liberties Lobby. The Ministerial Response. Conclusion; 8. After the Bombs. The July 2005 Bombings and the Blair Government. The Anti-Terror Summit. Knee-Jerk Illiberalism; References; Index.
