Justice and Security in the United Kingdom

43 Pages Posted: 5 Jun 2013

See all articles by Adam Tomkins

Adam Tomkins

University of Glasgow School of Law

Date Written: May 31, 2013

Abstract

This paper outlines the ways in which the United Kingdom manages civil litigation concerning sensitive national security material. These are: the common law of public interest immunity; the use of closed material procedure and special advocates; and the secret hearings of the Investigatory Powers Tribunal. With these existing alternatives in mind the paper analyses the background, the reasons for, and the controversies associated with the Justice and Security Act 2013, enacted in the wake of the UK Supreme Court’s 2011 ruling in Al Rawi v Security Service. The paper argues that, despite presenting a number of challenges, the Justice and Security Act is nothing like the threat to the rule of law that has been claimed by the legislation’s most vociferous critics.

Keywords: national security, civil litigation, secrecy, closed material procedure

Suggested Citation

Tomkins, Adam, Justice and Security in the United Kingdom (May 31, 2013). Available at SSRN: https://ssrn.com/abstract=2274017 or http://dx.doi.org/10.2139/ssrn.2274017

Adam Tomkins (Contact Author)

University of Glasgow School of Law ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

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