Surveillance, counter-terrorism and comparative constitutionalism / edited by Fergal Davis, Nicola McGarrity and George Williams.
2014
K5256 .S87 2014 (Map It)
Available at Cellar
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Details
Title
Surveillance, counter-terrorism and comparative constitutionalism / edited by Fergal Davis, Nicola McGarrity and George Williams.
Published
Abingdon, Oxon : Routledge, 2014.
Call Number
K5256 .S87 2014
ISBN
9780415829106 (hbk.)
0415829100 (hbk.)
9780203517451 (ebk)
0415829100 (hbk.)
9780203517451 (ebk)
Description
xiv, 340 pages ; 24 cm.
System Control No.
(OCoLC)839397171
Summary
"The decade after the September 11, 2001 terrorist attacks saw the enactment of anti-terrorism laws around the world that challenged understandings and assumptions about public institutions, human rights and constitutional law. Many of those laws remain on the statute books and continue to have a profound impact on constitutionalism and the rule of law. One of the most striking and rapid areas of development has been the conferral of increased powers of surveillance on law enforcement and intelligence agencies. The chapters in this edited book examine the impact of these powers on constitutionalism at both the domestic and international levels. The book discusses the prevalence of mechanisms of mass surveillance; the challenges that technological developments pose for constitutionalism; new actors in the surveillance state; the use of surveillance material as evidence in court and the difficulties of balancing secrecy and fair trial requirements; and the effectiveness of constitutional and other forms of review of surveillance powers. The contributors to the book who are leading international experts in anti-terrorism and constitutional law take a comparative approach looking at jurisdictions including the United States, Canada, United Kingdom, Europe, Israel, India, Japan, China and Australia. The book draws important conclusions about the constitutional implications, short- and long-term, domestic and international, of the expansion of surveillance powers after 9/11"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Szladits Fund
Added Author
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Szladits Fund
Table of Contents
Preface
viii
Notes on contributors
ix
pt. I
Introduction
1
1.
Mapping the terrain / George Williams
3
2.
judicial perspective: surveillance evidence and the right to a fair trial / Anthony Whealy
11
pt. II
Who is watching?
21
3.
Championing local surveillance in counter-terrorism / Clive Walker
23
4.
Surveillance regimes in contemporary India / Ujjwal Kumar Singh
42
5.
Privatized counter-terrorist surveillance: constitutionalism undermined / Fiona De Londras
59
6.
How secure is our privacy in seceurope? European security through surveillance / Flora Goudappel
73
pt. III
challenges of technology for the right to privacy
93
7.
Preserving privacy in a digital age: lessons of comparative constitutionalism / David Cole
95
8.
On the end of freedom in public spaces: legal challenges of wide-area and multiple-sensor surveillance systems / Jens Kremer
117
9.
GPS surveillance and human rights review: the European Court of Human Rights and the United States Supreme Court in comparative perspective / Mathias Vermeulen
134
10.
impact of human rights law on measures of mass surveillance in the United Kingdom / Merris Amos
152
pt. IV
Surveillance across borders
173
11.
Transatlantic perspectives on counter-terrorism surveillance: surveillance, borders and the culture of legality / Cian C. Murphy
175
12.
From the west to the east: migration of surveillance policy / Akiko Ejima
192
pt. V
Surveillance as intelligence and evidence
211
13.
Warrantless wiretapping in the United States / Owen Fiss
213
14.
From covert to coercive: a new model of surveillance by intelligence agencies / George Williams
234
15.
use of intelligence in counter-terrorism prosecutions and the role of the prosecutor / David Scharia
252
pt. VI
potential to challenge
273
16.
State surveillance in an age of security / Conor Gearty
275
17.
Politicized challenges, depoliticized responses: political monitoring in China's transitions / Hualing Fu
296
18.
Internet surveillance and popular constitutionalism / Vanessa MacDonnell
313
Index
332