Full Description
This detailed, practitioner text, explains national security law in all its aspects. It collates and explains the core elements of the law, both substantive and procedural, and the practical issues which may arise in national security litigation. The book draws on the professional experience of a team of expert contributors. The first part explores the meaning of "national security", examines the respective roles in this area of Parliament, the executive and the courts, and explains the law relating to the security and intelligence agencies, their powers and oversight. The core of the book addresses the various executive measures used to disrupt terrorism, espionage and other hostile state activity, usually on the basis of secret intelligence, and the civil proceedings that may result from executive action taken for the national security purposes. The third part addresses national security and the criminal law. The remaining chapters address national security law in such diverse contexts as inquests, inquiries, employment, vetting, family, freedom of information, and data protection proceedings.
National security law is now of relevance to a wide range of practising lawyers, judges, legislators, policymakers, oversight bodies, and academic experts working in a variety of legal fields well beyond public law. The highly-specialised nature of the topic make this book a vital text not only for those seeking an overview of the law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases will also make this book of interest to a wider audience seeking to understand the legal context of such cases.
Contents
Preface
1: Robert Ward: National Security, Intelligence, and the Law
2: Robert Ward: National Security and the Separation of Powers
3: Robert Ward: The Security and Intelligence Agencies
4: Christopher McNall, Laura Sheldon Green, Caroline Stone, and Robert Ward: Surveillance Powers
5: Christopher McNall and Robert Ward: Oversight and Accountability
6: Angus McCullough and Ben Watson: Closed Proceedings
7: Rosemary Davidson, Jonathan Glasson, and Caroline Stone: Executive Measures and Civil Proceedings: Common Evidential and Procedural Issues
8: David Blundell: Judicial Review
9: Andrew Deakin and Helen Thompstone: Terrorism Prevention and Investigation Measures
10: Robin Tam: Special Immigration Appeals Commission: General
11: Robin Tam: SIAC - Individual measures - DDS Deportation with Assurances
12: Rupert Jones: SIAC Individual Measures (2): Deprivation, Exclusion and Naturalisation
13: Robert Ward and Clare Pophale: Proscription
14: Kate Grange and Caroline Stone: Civil Proceedings: General
15: Georgina Wolfe and Charlotte Ventham: Civil Proceedings: The Main Types of Claims
16: Richard O>'Brien and Linda Moss: Asset Freezing
17: Mark Greaves, Sarah Hannett, and Aidan Wills: National Security and Education Law
18: Robert Ward: Official Secrets and Spying: Principal Offences
19: Alison Morgan and Victoria Oakes: Terrorism: Principal Offences
20: Rosemary Davidson and Dan Pawson-Pounds: National Security and Criminal Procedure
21: Andrew O>'Connor: Inquests and National Security
22: Martin Smith: Public Inquiries and National Security
23: Keith Bryant and Mark Green: Employment and National Security
24: Mark Green: National Security Vetting
25: Lisa Giovannetti and Richard Wilkin: National Security in Family Law Proceedings
26: Julian Blake and Eugene McCaffrey: Freedom of Information and National Security
27: Julian Blake and Eugene McCaffrey: Data Protection and National Security
