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Self-Service Search Warrants and International Terrorism: Lessons from Damache v. DPP

Irish Law Journal, Vol. 1, p. 2, 2012

25 Pages Posted: 27 Jan 2013  

Paul MacMahon

London School of Economics - Law Department

Date Written: December 1, 2012

Abstract

In February 2012, the Supreme Court of Ireland invalidated a long-standing statutory provision that allowed the police to "help themselves" to search warrants in terrorism cases. Though the case has far-reaching practical consequences and theoretical implications, the Supreme Court’s written decision was relatively spare. The aim of this comment is to deepen the discussion. To that end, I examine the purposes of search warrant requirements as part of a legal regime for protecting privacy against government intrusion. I also discuss the judicial power to reject counterterrorism measures approved by the elected branches of government. Finally, I connect the Supreme Court’s decision to fundamental and recurring questions about the Irish judiciary’s level of trust in law enforcement authorities.

Keywords: criminal procedure, search warrants, counterterrorism, Ireland, comparative criminal law

Suggested Citation

MacMahon, Paul, Self-Service Search Warrants and International Terrorism: Lessons from Damache v. DPP (December 1, 2012). Irish Law Journal, Vol. 1, p. 2, 2012. Available at SSRN: https://ssrn.com/abstract=2207187

Paul MacMahon (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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