Lessons Learned from Political Constitutionalism? Comparing the Enactment of Control Orders and Terrorism Prevention and Investigation Measures by the UK Parliament

[2014] Public Law 267-288

Posted: 18 Mar 2014

See all articles by Alexander Horne

Alexander Horne

UK Parliament; University College London

Clive Walker

University of Leeds - Centre for Criminal Justice Studies (CCJS)

Date Written: March 17, 2014

Abstract

This paper focuses on the scrutiny of counter-terrorism legislation before the UK Parliament by comparing the passage of the Terrorism, Prevention and Investigation Measures Act 2011 with the successor Prevention of Terrorism Act 2005. Though introduced in different circumstances, both Acts were subject to time pressures and security constraints, and both tested acutely the workings of parliamentary scrutiny. These similarities allow us to gauge political constitutionalism – the proposition that legal process and review should not substitute for more overtly political processes and review of government policy and action. Therefore, do the parliamentary passages of these Acts demonstrate operational and substantive proficiency of parliamentary processes?

Keywords: Political constitutionalism, terrorism, executive orders, Parliament

JEL Classification: K10, K14, K33, K19, K30, K33, K42, N40

Suggested Citation

Horne, Alexander and Walker, Clive, Lessons Learned from Political Constitutionalism? Comparing the Enactment of Control Orders and Terrorism Prevention and Investigation Measures by the UK Parliament (March 17, 2014). [2014] Public Law 267-288. Available at SSRN: https://ssrn.com/abstract=2410132

Alexander Horne

UK Parliament ( email )

House of Lords
London, SW1A 0PW

University College London ( email )

United Kingdom

Clive Walker (Contact Author)

University of Leeds - Centre for Criminal Justice Studies (CCJS) ( email )

Leeds LS2 9JT
United Kingdom
44 (0) 113 3435022 (Phone)
44 (0) 113 3435056 (Fax)

HOME PAGE: http://www.law.leeds.ac.uk/people/staff/walker/

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