National Security Law in Ireland

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Published: Jan. 2019

By: Eoin O'Connor
Format: Paperback
Edition: 1st.
ISBN: 9781784519162

About National Security Law in Ireland
National Security Law in Ireland addresses national security law in the context of the criminal trial, examining the use of informers, surveillance and interception, and national security law issues outside the criminal context.

National security law is becoming increasingly relevant in the fields of immigration and asylum law and media law in that can affect newspapers' ability to publish stories which concern national security issues. Therefore this book, as well as dealing with criminal law, also covers a broader panoply of subjects of interest to lawyers and the layperson.

Chapter 1 Theoretical Perspectives on National Security Law
1. Defining national security
2. Defining 'national security law'
3. The Constitutional position – The Rule of Law versus National Security
4. The European Convention on Human Rights
5. The European Charter of Fundamental Rights and Freedoms
6. Examination of the various theoretical models for considering national security law, and in particular those propounded since 9/11.

Chapter 2 - National Security and the Courts
1. The development of the justiciability of national security issues
2. The shift from non-justiciability to Public Interest Privilege
3. Informer privilege, State Secrets Privilege, and the Public Interest Immunity Certificates in the UK
4. The shift in the UK to the Closed Material Procedures
5. Contrasting perspectives in particular in relation the US, Canada and Australia

Chapter 3 - National Security and the Oireachtas
1. Examination of the various legislative reforms in Ireland which have placed national security on a legal foundation and brought national security issues into court
2. The Official Secrets Acts (as amended)
3. Contrasting perspective between Ireland and the UK

Chapter 4 - Coercive Interrogation and the Law on Intelligence Sharing

Examination of the legal limits to the acquisition and deployment of intelligence

Part 2 - National Security, the Criminal Trial and the Prosecution of Terrorism

Chapter 5 - National Security and the Law Relating to Surveillance
1. Examination of the Criminal Justice (Surveillance) Act 2009

Chapter 6 –National Security and the Interception of Communications
1. Postal and Telecommunications Services Act, 1983
2. Postal Packets and Telecommunications Messages (Regulation) Act 1993
3. Criminal Justice (Mutual Assistance) Act 2008, s110 and its provision for the establishment of secret courts to prosecute companies which refuse or fail to comply with interception requests
4. Legal issues relating to data that is encrypted

Chapter 7 - Informer Privilege: Its Origins And Development
1. Terminology
2. Who Is An Informer
3. History Of Informing
4. The Doctrine Of Approvement
5. Approvers And Corroboration
6. From Approvers To Informers
7. R v Hardy
8. Post Hardy
9. The Irish Decisions On Informer Privilege
10. Modern Case Law
11. Informer Privilege And 'Belief Evidence'
12. Conclusion
Chapter 8 - The Right To A Fair Trial And The Right To Confrontation
1. Introduction
2. The Right To A Fair Trial
3. History Of The Right To Confrontation
4. Ancient Times
5. The Right to Confrontation in The United States
6. Crawford v Washington
7. The Right to Confrontation in Other Common Law Countries
New Zealand
England And Wales
8. The European Court Of Human Rights
9. Development Of The 'Sole Or Decisive' Test
10. Al-Khawaja And Tahery v The United Kingdom
11. Conclusion
Chapter 9 - 'Special Crime', Informer Privilege And Confrontation

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