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Beyond DisagreementOpen Remedies in Human Rights Adjudication$
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Aruna Sathanapally

Print publication date: 2012

Print ISBN-13: 9780199669301

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199669301.001.0001

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Belmarsh Prisoners and Dialogue over Control Orders

Belmarsh Prisoners and Dialogue over Control Orders

(p.189) 8 Belmarsh Prisoners and Dialogue over Control Orders
Beyond Disagreement

Aruna Sathanapally

Oxford University Press

Chapter 8 examines the institutional interaction over counter-terrorism measures spurred by the 2004 declaration of incompatibility (DOI) in the Belmarsh Prisoners decision. This DOI, which impugned a measure that the UK government had claimed to be rights-respecting and was at the centre of its post September 11 anti-terrorist strategy, had the highest profile of any DOI. This chapter examines how this judicial statement was received by the legislature and analyses the deliberation that occurred on the reply legislation, which introduced control orders to the UK. It further analyses the ongoing interaction between the executive, courts and Parliament over the human rights compliance of the control orders regime, which provides a real-world illustration of how judicial and legislative review can be complementary to each other, but also how judicial review has the potential to suppress, not only provoke, legislative review on human rights grounds.

Keywords:   Belmarsh Prisoners, detention without trial, control orders, deprivation of liberty, secret evidence, fair trial, parliamentary scrutiny

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