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The National Security Constitution

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ABOUT THE BOOK

This book addresses the various ways in which modern approaches to the protection of national security have impacted upon the constitutional order of the United Kingdom.

It outlines and assess the constitutional significance of the three primary elements of the United Kingdom's response to the possibility of terrorism and other phenomena which threaten the security of the state: the body of counter-terrorism legislation which has grown up in the last decade and a half, the evolution of the law of investigatory powers, and (to the extent relevant to the domestic constitution) the law governing international military action and co-operation.

On the basis of this, it demonstrates that national security as a good to be protected and promoted in contemporary Britain is reflected not merely in the emergence of a discrete body of law by which it is protected at home and abroad, but that the concern with national security has leaked into other areas of public law - areas which are not directly linked to terrorism and legal response to it, but which become (whether by accident or design) implicated in these endeavours, with significant and potentially grave consequences for the constitutional order generally.

A renewed and strengthened concern for national security since 9/11 has, it is argued, dragged into its orbit a variety of constitutional phenomena and altered them in its image, giving rise to what we might call a national security constitution.

TABLE OF CONTENTS

I. The United Kingdom's Constitutional Order
II. The National Security Constitution
III. Structure
IV. The National Security Council

1. The Counter-Terrorism Constitution
I. Introduction
II. CONTEST and the Joint Terrorism Analysis Centre
III. The Role of the Criminal Law in Counter-Terrorism
IV. Counter-Terrorism Law up to and Including the Terrorism Act 2000
V. The 2000 Act and the Definition of Terrorism
VI. Obsolete Counter-Terrorism Mechanisms
VII. Current Counter-Terrorism Mechanisms
VIII. Themes of the Counter-Terrorism Constitution
IX. Conclusion

2. Investigatory Powers and the Constitution
I. The Constitution and Investigatory Powers
II. The Rule(s) of Law
III. Investigatory Powers
IV. Conclusion

3. The Military Constitution
I. Introduction
II. The Place of the Military in the Constitution
III. The Use of Force in Constitutional Law and Practice
IV. Legal Accountability for the Use of Force Abroad V. Drones
VI. Conclusion

4. Citizenship
I. Introduction
II. Citizenship and the Right to Travel
III. Immigration Law and National Security
IV. Citizenship and National Security
V. Citizenship, Passports and the Right to Travel
VI. Conclusion

5. Secrecy
I. Secrecy in the National Security Constitution
II. Secrecy in the Courts
III. Executive Secrecy
IV. Conclusion: Secrecy in the National Security Constitution

6. Justiciability
I. Introduction
II. Justiciability (and Foreign Affairs) Generally
III. Foreign Act of State
IV. Crown Act of State
V. Conclusion: The Courts and the Executive in the National Security Constitution

7. Sovereignty
I. Introduction
II. From National Security to International Security
III. The International Pursuit of National Security and its Consequences
IV. Conclusion: The Constitutional Consequences of the Internationalisation of National Security

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