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http://ssrn.com/abstract=1540608
 
 

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Poetic Injustice: A Case Study of the UK's Anti-Terrorism Legislation


Reza Banakar


University of Westminster - School of Law

2008

Retfærd: The Nordic Journal of Law and Justice, 2008
Univ. of WestminsterSchool of Law Research Paper No. 10-02

Abstract:     
This paper explores the effects of anti-terrorism policy and legislation on the Muslim immigrant communities, in general, and British-born Muslims, in particular. R v Malik, in which the Court of Appeal quashed Samina Malik's conviction on terrorism charges, provides our point of entry into the legal discourse on counter-terrorism. Malik's conviction at the Old Bailey and the subsequent decision of the Court of Appeal to declare her conviction unsafe, will serve to highlight three interrelated aspects of anti-terrorism policy and legislation in the UK. These two decisions, firstly, will help to examine how the legal and policing measures to combat the threat of terrorism interact with the ethno-cultural relationships in contemporary Britain. Secondly, they will allow us to view the UK's anti-terrorism policy and legislation in relation to what David Garland termed the "culture of control", which marks the move from a criminal policy based on "penal welfarism" to a governance of crime based on "the management of risks". Finally, they will throw light on the tension between the UK government and the judiciary.

Number of Pages in PDF File: 23

Keywords: anti-terrorism, immigrant communities, R v Malik

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Date posted: January 24, 2010  

Suggested Citation

Banakar, Reza, Poetic Injustice: A Case Study of the UK's Anti-Terrorism Legislation (2008). Retfærd: The Nordic Journal of Law and Justice, 2008. Available at SSRN: http://ssrn.com/abstract=1540608 or http://dx.doi.org/10.2139/ssrn.1540608

Contact Information

Reza Banakar (Contact Author)
University of Westminster - School of Law ( email )
Department of Advanced Legal Studies
4 Little Titchfield Street
London, England W1W 7UW
United Kingdom
HOME PAGE: http://www.westminster.ac.uk/about-us/directory/banakar-reza

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