National Security Law, Procedure and Practice

2. Auflage 2024
ISBN: 978-0-19-889528-2
Verlag: Oxford University Press

Buch, Englisch, 1104 Seiten, Format (B × H): 193 mm x 241 mm, Gewicht: 2018 g

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.

Autoren/Hrsg.

Ward, Robert

Blundell, David

Stone, Caroline

Laird, Karl

Fachgebiete

• Rechtswissenschaften Strafrecht
• Rechtswissenschaften Öffentliches Recht Öffentlicher Dienst Wehrrecht, Soldaten- und Zivildienstrecht, Bundesfreiwilligendienst

Inhaltsverzeichnis

- 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

Über Autor(innen)

Robert Ward CBE KC (Hon) is a barrister who has had an extensive career as a government lawyer specialising in national security matters. Robert was formerly a lecturer in law at the University of Cambridge. He is currently a Commissioner of the Criminal Cases Review Commission. Robert is co-author of Rook and Ward on Sexual Offences Law and Practice.

David Blundell KC is an experienced practitioner in the national security field and in public law more generally. He has been involved in many of the most significant national security cases in the last decade, in particular Shamima Begum's appeal against deprivation of her British nationality, from the preliminary issues appeal in the Supreme Court to the substantive appeal in SIAC. David co-edits the leading public law journal Judicial Review and is Consultant Editor of the Halsbury's Laws volume on London Law. He has published extensively on public law topics in Judicial Review and elsewhere and contributed chapters to a range of works including on human rights.