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The Legal Protection of Human RightsSceptical Essays$
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Tom Campbell, K.D. Ewing, and Adam Tomkins

Print publication date: 2011

Print ISBN-13: 9780199606078

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199606078.001.0001

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The Cold War, Civil Liberties, and the House of Lords

The Cold War, Civil Liberties, and the House of Lords

Chapter:
(p.148) 8 The Cold War, Civil Liberties, and the House of Lords
Source:
The Legal Protection of Human Rights
Author(s):

K. D. Ewing

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199606078.003.0008

Following on an overview of civil liberties during the Cold War, this chapter argues that courts are part of the political constitution and cannot be seen as an obstruction to government, that this is most clearly the case in times of national security, where there is complete deference to the executive, and that neither the Law Officers nor Parliament provide effective safeguards. In the Westminster system of government, everything depends on the self-restraint of governments and where this is lacking the only remedy is elections.

Keywords:   Cold War, Communist Party, Committee of 100, Official Secrets Act 1911

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