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Legitimacy and Criminal JusticeAn International Exploration$
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Justice Tankebe and Alison Liebling

Print publication date: 2013

Print ISBN-13: 9780198701996

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780198701996.001.0001

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Legitimacy and State Responses to Terrorism: The UK and France

Legitimacy and State Responses to Terrorism: The UK and France

(p.178) 9 Legitimacy and State Responses to Terrorism: The UK and France
Legitimacy and Criminal Justice

Jacqueline Hodgson

Oxford University Press

Whilst the stated aim of both France and the UK is to deal with terrorism through the ordinary criminal law, the exceptional measures enacted in criminal law and procedure make the response far from ordinary. The justification for wider police powers, attenuated suspects’ rights, broad and ill-defined criminal offences, and increased role for intelligence, is that we now face a new and different kind of threat, one that merits a new and different response. However, the sheer breadth and imprecision of these measures that interfere with the rights of citizens in significant ways, calls into question their legitimacy. The growing use made of intelligence in counter-terrorism law and strategy in both jurisdictions, and the resort to non-criminal measures based on secret evidence, paints murkier picture still.

Keywords:   legitimacy, terrorism, counter-terrorism

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