Balancing Liberty and Security: Human Rights, Human Wrongs by Kate Moss

By Kate Moss

Examining the erosion of people's democratic rights and the aptitude catastrophic risks of neglecting civil liberties, this bookexplores the endemic threat of the enlarged strength of the country and the relevant function of presidency in undermining own freedoms by using country strength within the identify of the security of security.

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4. org/ accessed 11 April 2011. 5. stm accessed 11 April 2011. 6. The Guardian March 2007. 7. Statewatch January 27 2010. 8. Reuters Warsaw 2010. 9. Reported in The Times 15 August 2008 as ‘10,000 spy missions by councils last year’ the issue of proportionality is key. 10. Lombroso used a scientific approach which included aspects of physiognomy, early eugenics and psychiatry to argue that criminality was inherited and that the ‘born criminal’ could be identified by physical defects. This particular idea of the ‘atavistic’ criminal is generally no longer considered valid, although the idea that certain factors may predispose individuals to commit crime continues to be foundational to some areas of study in criminology.

The Prime Minister’s plan included: ● ● ● ● ● deporting people to countries where torture or other ill-treatment are known to be practised on the basis of ‘diplomatic assurances’; new grounds for deportation and exclusion; new offences criminalising ‘indirect incitement of terrorism’; automatic refusal of asylum to persons deemed to be associated with terrorism; significantly extending the maximum time limit of pre-charge detention of persons held under anti-terrorism legislation. The result of these proposals was, of course, the Anti-Terrorism, Crime and Security Act 2001 (ATCSA).

Indd 32 10/6/2011 1:18:25 PM Deviations from Civil Liberties 33 (the right to liberty and freedom from arbitrary detention) would be protected. For me, one of the most interesting issues emanating from this is the question of whether the Judiciary, in light of such developments, can retain and preserve their independent judicial powers particularly in respect of sweeping powers brought in the by Government in the form of anti-terrorism legislation. A particularly pertinent example of the capacity of the State to legislate and the effect that this can have on judicial independence can be demonstrated by the Inquiries Act 2005.

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