This book considers the constitutional position of the judiciary and its role in shaping the individual's relations with the state. Readers will gain the following: *A comprehensive analysis of the history of civil liberties and human rights in the UK, and the judiciary's role in upholding them *An understanding of the Human Rights Act of 1998 and its potential impact on the judiciary's relations with the parliament and the executive *An appreciation of the importance of political accountability and open government in the protection of liberty, together with recent legislative reforms in these areas *An awareness of why important critics believe fundamental freedoms are at risk in the UK in the post 9/11 and 7/7 atmosphere *A chance to draw comparisons between Britain, the USA and European countries in their attempts to create legal frameworks to protect civil liberties and human rights This textbook provides an important, accessible introduction to an area of current widespread concern.Key Features: *Offers a comprehensive introduction to three key issues: human rights legislation, the role of senior judges, and the protection of civil liberties *Guides the reader through complex current debates on public order, covert and mass surveillance, and prevention of terrorism *Provides updated descriptions of key statutes including the Prevention of Terrorism Act 2005 *ssesses contemporary developments in American law and order policy including the USA/ Patriot Act * Summarises the arguments of civil liberties lobbies and successive governments *Includes proposed changes in the law in the aftermath of the July 2005 London bombings
Steve Foster was educated at the Universities of Manchester and London. He has taught politics and economics at the Manchester Grammar School since 1988, where he currently holds the post of Assistant Surmaster. Steve has also taught at the University of Manchester's Department of Extra-Mural Studies and the Open University.
List of boxes; List of tables; Introduction; 1. Liberty and Rights. Liberty, Civil Liberties and Human Rights. Classical Civil Liberties and Socio-Economic Rights. The Diceyan Tradition. A Bill of Rights for the United Kingdom? Conclusion; 2. Human Rights Legislation. The Human Rights Act 1998. Human Rights in Scotland. Human Rights in the United Kingdom: an Alternative Perspective. Conclusion: Human Rights Legislation and the Judiciary; 3. Judges and Judging . The Declaratory Theory of Law. The Inherent Flaws of Judicial Reasoning. Judicial Independence in England and Wales. Judicial Independence in Scotland. The Spoils System: Appointing Federal Judges in the USA. Judicial Impartiality; 4. Politics and the Judiciary. The Judiciary in the United Kingdom: a Socialist Analysis. Civil Liberties, Law Enforcement and National Security. The Judiciary and Civil Liberties in the USA. The New Politics of the Judiciary in the United Kingdom. Conclusion; 5. Controlling Public Spaces in the United Kingdom. The Politics of Public Order. The Growth of Statutory Regulation of Public Spaces in the UK. Public Order Law: a Civil Libertarian Critique. A Conservative Perspective on Law and Order. Conclusion: A Cause for Concern?; 6. Is Big Brother Really Watching You? The Politics of Covert and Mass Surveillance. The Politics of Covert and Mass Surveillance. Covert Surveillance in the United Kingdom: the Movement towards Statutory Regulation. Investigatory Powers. Court Surveillance and Civil Liberties: A Case Study. The Establishment Response. Court Surveillance in America: the USA/ Patriot Act. Conclusion: Towards the Mass Surveillance State; 7. Emergency Powers. A Short History of Anti-Terrorism Law in the United Kingdom. The Implications of Anti-Terrorism Legislation for Civil Liberties. Anti-Terrorism Law and the Civil Liberties Lobby. The Ministerial Response. Conclusion; 8. After the Bombs. The July 2005 Bombings and the Blair Government. The Anti-Terror Summit. Knee-Jerk Illiberalism; References; Index.