Human Rights in the Prevention and Punishment of Terrorism Commonwea
This title takes a comparative approach to the evaluation of human rights in the prevention and punishment of terrorism within the United Kingdom, Canada, Australia and New Zealand. The text first looks at the question of defining terrorism, and examines
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Alex Conte
Human Rights in the Prevention and Punishment of Terrorism Commonwealth Approaches: The United Kingdom, Canada, Australia and New Zealand
Dr. Alex Conte
ISBN 978-3-642-11607-0 e-ISBN 978-3-642-11608-7 DOI 10.1007/978-3-642-11608-7 Springer Heidelberg Dordrecht London New York Library of Congress Control Number: 2010921804 # Springer-Verlag Berlin Heidelberg 2010 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMXDesign GmbH, Heidelberg, Germany Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
To my mother, Dr Carol Conte
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Preface
The objective of this work is to provide an analysis of the legislative approaches to counter-terrorism and human rights in Australia, Canada, New Zealand and the United Kingdom. The text is aimed at lawyers and practitioners within and outside common law nations. Although the text analyses the subject within the four jurisdictions named, many parts of the book will be of interest and relevance to those from outside those jurisdictions. Considerable weight is placed on international obligations and directions, with a unique and hopefully useful feature of the text being the inclusion and consideration of a handbook written by me on human rights compliance when countering terrorism (set out in Appendix 4 and considered in Chap. 13). A significant part of the research undertaken for this work was as a result of my being awarded the International Research Fellowship, Te Karahipi Rangahau a Taiao, an annual fellowship generously funded by the New Zealand Law Foundation. The New Zealand Law Foundation is an independent trust and registered charitable entity under the Charities Act 2005 (NZ). This project would not have been possible without the Law Foundation’s award, which allowed me to undertake research and associated work over reasonably lengthy periods of time in Australia, Canada, Israel, England, Austria, Switzerland and Finland. It is not just the geographical location of this work that was made possible, however. The prestige of the International Research Fellowship presented me with opportunities that, without the backing of such a fellowship, would not have come easily. It is a considerable credit to the F
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