Freedom of Expression, Dissent, and National Security in the United Kingdom

1999 ◽  
pp. 457-475
Keyword(s):  
United Kingdom ◽  
National Security ◽  
Freedom Of Expression ◽  
The United Kingdom

Contemporary Developments Relating to the Inviolability of Mission Premises

2017 ◽  
Author(s):  
Juan E Falconi Puig
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Urban Planning ◽  
National Security ◽  
Direct Consequence ◽  
Access To Justice ◽  
Controversial Issues ◽  
The United Kingdom ◽  
Domestic Legislation

This chapter addresses some of the controversial issues relating to the inviolability of mission premises. The Yvonne Fletcher incident of 1984 led to debates about the need to upgrade or reform the VCDR in that regard; and the United Kingdom, as a direct consequence of the incident, adopted the ‘Diplomatic and Consular Premises Act 1987’ to be able to adopt unilateral measures to remove premises immunity where threats to national security, to public integrity and/or the need of urban planning exist. Domestic legislation of this kind, however, also provides ground for conflicts with the VCDR. This chapter explores conflicts between property immunity and issues such as access to justice, human rights, and terrorism and examines ways of overcoming such difficulties through mechanisms which safeguard diplomatic privileges and immunity to allow the pursuit of diplomatic functions.

scholarly journals Organized Crime and National Security

2014 ◽  
Vol 17 (2) ◽  
pp. 220-251 ◽  
Author(s):  
Liz Campbell
Keyword(s):  
United Kingdom ◽  
National Security ◽  
Organized Crime ◽  
Security Threat ◽  
The United Kingdom ◽  
Empirical Argument ◽  
Legal Consequences

This article problematizes the growing tendency to characterize organized crime as a national security threat, referring primarily to the situation in the United Kingdom but also drawing on international and comparative examples. Three distinct arguments are presented contesting this comparison. First, it is questionable whether either concept is sufficiently clear in a definitional sense for the comparison to be meaningful analytically. The second empirical argument suggests that organized crime, as it is defined and encountered usually in the United Kingdom, does not yet constitute such a threat. Third, and regardless of the validity of the preceding arguments, it is argued in a normative sense that such a comparison should be resisted to the greatest extent possible, given the extraordinary legal consequences it entails. These claims indicate how caution must be exercized in making such a connection.

THE DEFENCE SECTOR AND ITS EFFECT ON NATIONAL SECURITY DURING THE CZECHOSLOVAK (MUNICH)

2019 ◽  
Vol 111 (2) ◽  
pp. 71-84
Author(s):  
Ales BINAR
Keyword(s):  
Decision Making ◽  
United Kingdom ◽  
National Security ◽  
Armed Forces ◽  
Decision Making Process ◽  
International Conference ◽  
The United Kingdom ◽  
Defence Sector

The Czechoslovak (Munich) Crisis of 1938 was concluded by an international conference that took place in Munich on 29-30 September 1938. The decision of the participating powers, i.e. France, Germany, Italy, and the United Kingdom, was made without any respect for Czechoslovakia and its representatives. The aim of this paper is to examine the role of the defence sector, i.e. the representatives of the ministry of defence and the Czechoslovak armed forces during the Czechoslovak (Munich) Crisis in the period from mid-March to the beginning of October 1938. There is also a question as to, whether there are similarities between the position then and the present-day position of the army in the decision-making process.

scholarly journals Balancing the right to privacy and freedom of expression: Re-evaluating Hosking v Runting in the light of recent developments in English privacy law

2021 ◽  
Author(s):  
◽  
Abby Ward
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
Freedom Of Expression ◽  
Public Places ◽  
The Right To Privacy ◽  
Privacy Law ◽  
The United Kingdom ◽  
Recent Developments ◽  
Potential Impact ◽  
The Right

<p>This paper examines the potential impact of recent English privacy jurisprudence on the New Zealand tort of privacy. The paper contrasts the New Zealand Court of Appeal’s aversion towards an over-expansive privacy right expressed in Hosking v Runting with an increasing readiness to override freedom of expression in favour of privacy interests in the United Kingdom. Three central conflicts in the courts’ reasoning are addressed in detail, namely privacy’s relationship with public places, individuals with public profiles and mediums of publication. While developments in English privacy law highlight reasoning flaws and theoretical shortcomings in Hosking, the increasing influence European jurisprudence on English law may nevertheless justify some divergence in the two jurisdictions’ balancing of privacy and freedom of expression.</p>

scholarly journals McGoliath v. David: The European Court of Human Rights Recent “Equality of Arms” Decision

2005 ◽  
Vol 6 (5) ◽  
pp. 895-907
Author(s):  
Monique C. Lillard
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Freedom Of Expression ◽  
European Convention ◽  
Legal Aid ◽  
Small Step ◽  
The United Kingdom ◽  
European Court ◽  
Private Citizens ◽  
Fair Hearing

The European Court of Human Rights has issued a judgment which adds to the developing law of Article 6, Section 1 (right to a fair hearing) of the European Convention on Human Rights (ECHR or “the Convention”) and which sheds light on Article 10 (freedom of expression) and its interaction with the law of defamation. Practically, the decision in Steel and Morris v. the United Kingdom (hereinafter referred to as Steel) is likely to prompt a review of the availability of legal aid for defendants in civil cases in the United Kingdom (“UK”), and may be a small step towards balancing the arms in ad terrorem suits brought by large corporations against private citizens in order to silence public debate.

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