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The Judiciary, Civil Liberties and Human Rights

Steven Foster

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Considers the constitutional position of the judiciary and its role in shaping the individual's relations with the state

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Contents

List of boxes
List of tables
Introduction
1. Liberty and Rights. Liberty, Civil Liberties and Human Rights. Classical Civil Liberties and Socio-Economic Rights. The Diceyan Tradition. A Bill of Rights for the United Kingdom? Conclusion
2. Human Rights Legislation. The Human Rights Act 1998. Human Rights in Scotland. Human Rights in the United Kingdom: an Alternative Perspective. Conclusion: Human Rights Legislation and the Judiciary
3. Judges and Judging . The Declaratory Theory of Law. The Inherent Flaws of Judicial Reasoning. Judicial Independence in England and Wales. Judicial Independence in Scotland. The Spoils System: Appointing Federal Judges in the USA. Judicial Impartiality
4. Politics and the Judiciary. The Judiciary in the United Kingdom: a Socialist Analysis. Civil Liberties, Law Enforcement and National Security. The Judiciary and Civil Liberties in the USA. The New Politics of the Judiciary in the United Kingdom. Conclusion
5. Controlling Public Spaces in the United Kingdom. The Politics of Public Order. The Growth of Statutory Regulation of Public Spaces in the UK. Public Order Law: a Civil Libertarian Critique. A Conservative Perspective on Law and Order. Conclusion: A Cause for Concern?
6. Is Big Brother Really Watching You? The Politics of Covert and Mass Surveillance. The Politics of Covert and Mass Surveillance. Covert Surveillance in the United Kingdom: the Movement towards Statutory Regulation. Investigatory Powers. Court Surveillance and Civil Liberties: A Case Study. The Establishment Response. Court Surveillance in America: the USA/ Patriot Act. Conclusion: Towards the Mass Surveillance State
7. Emergency Powers. A Short History of Anti-Terrorism Law in the United Kingdom. The Implications of Anti-Terrorism Legislation for Civil Liberties. Anti-Terrorism Law and the Civil Liberties Lobby. The Ministerial Response. Conclusion
8. After the Bombs. The July 2005 Bombings and the Blair Government. The Anti-Terror Summit. Knee-Jerk Illiberalism
References
Index.

About the Author

Steve Foster was educated at the Universities of Manchester and London. He has taught politics and economics at the Manchester Grammar School since 1988, where he currently holds the post of Assistant Surmaster. Steve has also taught at the University of Manchester's Department of Extra-Mural Studies and the Open University.

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