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de Londras & Davis on Executive Emergency Powers

Just as she noted that the Irish media have begun to use the ‘T’ word in relation to dissident violence in the North, Human Rights in Ireland’s Fiona de Londras has published an article with Fergal Davis entitled ‘Controlling the Executive in Times of Terrorism: Competing Perspectives on Effective Oversight Mechanisms’ in the Oxford Journal of Legal Studies. Abstract:

The well-established pattern of Executive expansionism and limited oversight of Executive action in times of terrorism is problematic from the civil libertarian point of view. How to limit such action has been the subject of much scholarship, a large amount of which focuses on perceptions of institutional competence rather than effectiveness. For the authors, the effective control of security-focused state action is to be judged by the extent to which it consists only of action that is necessary and proportionate and thereby strikes an appropriate balance between security exigencies and individual rights. This article, written and structured in dialectic form, presents competing perspectives on effective oversight mechanisms: on the one hand, an extra-constitutionalism perspective, proposing a limited role for the Judiciary and emphasizing the need for legislative and democratic controls; and on the other, an argument for judicial muscularity.

The full citation is [2010] 30(1) OJLS 19-47. Those with Athens Authenticated Access can click here to take a look.

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