The purpose of this book is to honour the influential and wide-ranging work of Professor Clive Walker. It explores Professor Walker’s influence from three perspectives. Firstly, it provides a historical reflection upon the development of the law and policy in relation to counter-terrorism and miscarriages of justice since the 1970s.
This historical perspective, which is often overlooked, is particularly timely 17 years after 9/11 as trends become clearer and historical perspective even more valuable. So too with miscarriages of justice: while there was considerable public and political scrutiny following high-profile miscarriages such as the Birmingham Six, Guildford Four, and others, in the early 1990s, today there is much less scrutiny, despite significant concern relating to issues such as legal aid and access to justice increasing the potential (if not likelihood) for miscarriages to occur.
By including a critical historical perspective, this book enables us to learn lessons from the past and to minimise contemporary risks of miscarriages of justice. Secondly, this book provides a critical analysis of the law and policy as it stands today, and its future trajectory. Applying Walker’s theoretical and analytical contributions to the field, the authors focus on pressing contemporary concerns, identifying lacunae where relevant, as well as the possible, probable and preferable future trends. Finally, the book celebrates and recognises the significant contributions by Walker, with each chapter built around one or more of Walker’s key works.
1. Introduction
Genevieve Lennon, Colin King and Carole McCartney
PART I
COUNTER-TERRORISM
2. The Constitutional Governance of Counter-Terrorism
Brice Dickson
3. Beyond the Ordinary: Criminal Law and Terrorism
Dermot Walsh
4. Terrorism and Counter-Terrorism in the UK: From Northern Irish Troubles to Global Islamist Jihad
Steven Greer
5. Strategies for Countering Terrorism: An Australian Perspective
Keiran Hardy and George Williams
6. Shades of Independent Review
David Anderson
7. The Use of Special Advocates in Countering Terrorism: Human Rights, Best Practice and Procedural Tradition
John Jackson
8. Lawyers, Military Commissions and the Rule of Law in Democratic States
Fionnuala Ní Aoláin
9. Excluding Terrorists
Jessie Blackbourn
10. Speaking of Terrorism and Terrorist Speech: Defining the Limits of Terrorist Speech Offences
Anneke Petzsche and Manuel Cancio Meliá
11. All-Risks Counter-Terrorist Policing
Genevieve Lennon
PART II
MISCARRIAGES OF JUSTICE
12. Defining Miscarriages of Justice in the Context of Post-9/11 Counter-Terrorism
Kent Roach
13. The Doctrine of Public Interest Immunity and Fair Trial Guarantees
Simon McKay
14. T e Forensic Science Paradox
Carole McCartney
15. Post-Conviction Review in England and Wales: Perpetuating and Rectifying Miscarriages of Justice
Stephanie Roberts
16. Justice Denied? Compensation for Miscarriages of Justice
Hannah Quirk and Colin King
17. Revisiting Miscarriages of Justice: Innocence Projects, Review Commissions and Expert Evidence
Kathryn M Campbell
PART III
A RETROSPECTIVE
18. Living with Counter-Terrorism Laws and their Discontents
Clive Walker
