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The Offences against the State Act 1939 at 80 : a model Counter-Terrorism Act? / edited by Mark Coen.

Contributor(s): Material type: TextTextSeries: Hart studies in security and justice ; volume 8Publisher: Oxford, UK ; Hart Publishing, an imprint of Bloomsbury Publishing, 2020Distributor: [London, England] : Bloomsbury Publishing, 2020Edition: First editionDescription: 1 online resource (352 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781509932023
Subject(s): Genre/Form: Additional physical formats: Print version:: No titleDDC classification:
  • 345.417/023 23
LOC classification:
  • KDK1775 .O34 2021eb
Online resources: Also published in print.
Contents:
Introduction / Mark Coen -- The prehistory of the Offences against the State Act / Niamh Howlin -- Precursors to the Offences against the State Act : emergency law in the Irish Free State / Thomas Mohr -- A certain ambivalence : independent Ireland and trial by jury / Mark Coen -- The special criminal court : a conveyor belt of exceptionality / Fionnuala Ní Aoláin -- Terrorism trials, and the Offences against the State acts in comparative perspective / Nicola MCGarrity -- Threats to security and risks to rights : 'belief evidence' under the OASA / Liz Heffernan and Eoin O'Connor -- Disclosure and privilege : the dual role of the special criminal court in relation to belief evidence / Alice Harrison -- The Offences against the State acts and non-subversive offences / Liz Campbell -- The proscription of organisations in the Republic of Ireland / Jamie McLoughlin and Clive Walker -- New media, free expression, and the Offences against the State acts / Laura K Donohue -- The Offences against the State acts and international human rights / Yvonne Marie Daly -- The Offences against the State acts : reflections from practice and the legislature / Ivana Bacik -- A less exceptional state of exception : the Offences against the State act as an emergency response / Alan Greene -- 'Contagion' between the special and the normal in criminal justice : a comparative perspective / Claire Hamilton.
Summary: "This timely edited collection brings together experts in the fields of legal history, criminal justice, human rights and counter-terrorism law to appraise Ireland's Offences Against the State Act on the eightieth anniversary of its enactment. The origins, development, invocation and extension of the powers contained in the legislation are analysed and critiqued using a broad range of methodologies. The book engages fully with the 1939 Act's scope and complexity including consideration of the impact of the Act on issues as diverse as trial by jury, paramilitary organisations, organised crime, disclosure, the rules of evidence, freedom of expression and association, parliamentary oversight of legislation and adherence to international human rights norms. In addition, the interplay of the Act with the universal themes of normalcy, exceptionalism, contagion and due process are explored throughout. This book will appeal to an audience beyond those with a particular interest in the Act itself. It combines historical and contemporary insights with theoretical and practical perspectives that will enrich the reader's understanding of emergency law, wherever it arises"-- Provided by publisher.
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Includes bibliographical references and index.

Introduction / Mark Coen -- The prehistory of the Offences against the State Act / Niamh Howlin -- Precursors to the Offences against the State Act : emergency law in the Irish Free State / Thomas Mohr -- A certain ambivalence : independent Ireland and trial by jury / Mark Coen -- The special criminal court : a conveyor belt of exceptionality / Fionnuala Ní Aoláin -- Terrorism trials, and the Offences against the State acts in comparative perspective / Nicola MCGarrity -- Threats to security and risks to rights : 'belief evidence' under the OASA / Liz Heffernan and Eoin O'Connor -- Disclosure and privilege : the dual role of the special criminal court in relation to belief evidence / Alice Harrison -- The Offences against the State acts and non-subversive offences / Liz Campbell -- The proscription of organisations in the Republic of Ireland / Jamie McLoughlin and Clive Walker -- New media, free expression, and the Offences against the State acts / Laura K Donohue -- The Offences against the State acts and international human rights / Yvonne Marie Daly -- The Offences against the State acts : reflections from practice and the legislature / Ivana Bacik -- A less exceptional state of exception : the Offences against the State act as an emergency response / Alan Greene -- 'Contagion' between the special and the normal in criminal justice : a comparative perspective / Claire Hamilton.

Abstract freely available; full-text restricted to individual document purchasers.

"This timely edited collection brings together experts in the fields of legal history, criminal justice, human rights and counter-terrorism law to appraise Ireland's Offences Against the State Act on the eightieth anniversary of its enactment. The origins, development, invocation and extension of the powers contained in the legislation are analysed and critiqued using a broad range of methodologies. The book engages fully with the 1939 Act's scope and complexity including consideration of the impact of the Act on issues as diverse as trial by jury, paramilitary organisations, organised crime, disclosure, the rules of evidence, freedom of expression and association, parliamentary oversight of legislation and adherence to international human rights norms. In addition, the interplay of the Act with the universal themes of normalcy, exceptionalism, contagion and due process are explored throughout. This book will appeal to an audience beyond those with a particular interest in the Act itself. It combines historical and contemporary insights with theoretical and practical perspectives that will enrich the reader's understanding of emergency law, wherever it arises"-- Provided by publisher.

Also published in print.

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Mode of access: World Wide Web.

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