Full Description
A comprehensive, detailed and updated account of UK national security law in all its aspects, National Security Law, Procedure and Practice is the only book to collate and explain all the elements of law, both substantive and procedural, and the practical issues which may arise in national security litigation. The specialised nature of the subject makes this book a vital text, not only for those seeking an overview of national security 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 makes this book of interest to a wider audience seeking to understand the legal context of such cases.
This new edition draws on the professional experience of a team of expert contributors and covers all recent legislation, case law and guidance. It provides a detailed explanation of the National Security Act 2023, which repeals and replaces the existing law relating to state threats. The new Act introduces significant new offences and executive powers, including the power to impose state threat prevention and investigation measures ('STPIMs'), and creates a new scheme for the registration of foreign political influence activities. The second edition also includes analysis of the landmark Supreme Court decision in Shamima Begum, which re-evaluates the respective roles of the government and the courts in national security matters and has ramifications throughout the work; a comprehensive explanation of the National Security and Investment Act 2021; a fully revised chapter on sanctions law; and an updated explanation of the continued impact of EU law on UK national security law.
This second edition of National Security Law, Procedure and Practice will be an invaluable resource for judges, policymakers, legislators, oversight bodies, academic experts and students in a variety of legal fields.
Contents
I. Overview
1: Robert Ward: National Security, Intelligence, and the Law
2: Robert Ward and Karl Laird: National Security and the Separation of Powers
3: Robert Ward: The Security and Intelligence Agencies
4: Christopher McNall, Laura Sheldon Green, Caroline Stone,Eugene McCaffrey and Robert Ward: Surveillance Powers
5: Christopher McNall and Robert Ward: Oversight and Accountability
6: Angus McCullough and Ben Watson: Closed Proceedings
II. Executive Measures and Related Civil 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: Robin Tam and William Hays: Special Immigration Appeals Commission: General
10: Robin Tam KC and William Hays: SIAC - Individual Measures (1) Deportation with Assurances
11: David Blundell and James Stansfeld: SIAC Individual Measures (2): Deprivation, Exclusion and Naturalisation
12: Robert Ward: Proscription
13: Andrew Deakin and Helen Thompstone: Terrorism and State Threats Prevention and Investigation Measures
14: Richard O'Brien and Toby Fisher: Sanctions including Asset Freezes
15: Rory Phillips and Georgina Wolfe: Intervention in Investments on National Security Grounds
III. National Security and Civil Proceedings
16: Kate Grange and Caroline Stone: Civil Proceedings and National Security: Procedure, Disclosure and Jurisdictional Bars
17: Charlotte Ventham and Georgina Wolfe: Civil Claims: Causes of Action, Applicable Law and Damages
IV. National Security and Criminal Law
18: Alison Morgan and Victoria Oakes: Terrorism: Principal Offences
19: Robert Ward: State Threat Activity: Principal Offences
20: Robert Ward: Official SecretsUnauthorised Disclosure: Official Secrets Act 1989
21: Rosemary Davidson and Dan Pawson-Pounds: National Security and Criminal Procedure
V. National Security in Inquests and Inquiries
22: Andrew O'Connor: Inquests and National Security
23: Martin Smith: Public Inquiries and National Security
VI. National Security and Employment Law
24: Keith Bryant and Mark Green: Employment and National Security
25: Mark Green: National Security Vetting
VII. National Security and Family Law
26: Lisa Giovannetti and Richard Wilkin: National Security in Family Law Proceedings
VIII. National Security and Education
27: Mark Greaves, Sarah Hannett, and Aidan Wills: National Security and Education Law
IX. National Security, Freedom of Data Protection
28: Julian Blake and Eugene McCaffrey: Freedom of Information and National Security
29: Julian Blake and Eugene McCaffrey: Data Protection and National Security
