Legitimacy and State Responses to Terrorism: The UK and France

ch 9 in 'Legitimacy and Criminal Justice: An International Exploration' Tankebe, J. and Liebling, A. (eds) (Oxford: Oxford University Press)

Warwick School of Law Research Paper No. 2013/30

49 Pages Posted: 13 Dec 2013

See all articles by Jacqueline Hodgson

Jacqueline Hodgson

University of Warwick - School of Law

Date Written: December 12, 2013

Abstract

The legitimacy of the state’s response to terrorism in the UK and in France might be challenged at a number of levels. Whilst the stated aim of both jurisdictions is to deal with terrorism through the ordinary criminal law, the, often exceptional, measures enacted through both criminal law and procedure make the response far from ordinary. Furthermore, the response has included controversial non-criminal measures restricting the liberty of suspected terrorists where it is claimed that the sensitive nature of the evidence prevents prosecution. The justification for these wider police powers, attenuated suspects’ rights, broad and ill-defined criminal offences, forms of preventive detention, and the increased role for intelligence, is that we now face a new and different kind of threat, one that merits a new and different response. Britain and to a lesser extent France, have bought into the post 9/11 conception that this is beyond crime; this is a war against terror.

Suggested Citation

Hodgson, Jacqueline S., Legitimacy and State Responses to Terrorism: The UK and France (December 12, 2013). ch 9 in 'Legitimacy and Criminal Justice: An International Exploration' Tankebe, J. and Liebling, A. (eds) (Oxford: Oxford University Press), Warwick School of Law Research Paper No. 2013/30, Available at SSRN: https://ssrn.com/abstract=2366856

Jacqueline S. Hodgson (Contact Author)

University of Warwick - School of Law ( email )

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United Kingdom
02476 524163 (Phone)
02476 524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/hodgson

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