Lessons Learned from Political Constitutionalism? Comparing the Enactment of Control Orders and Terrorism Prevention and Investigation Measures by the UK Parliament
 Public Law 267-288
Posted: 18 Mar 2014
Date Written: March 17, 2014
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: Suggested Citation