Surveillance, Counter-Terrorism and Comparative Constitutionalism
Edited by Fergal Davis, Nicola McGarrity, George Williams
To Be Published September 1st 2013 by Routledge – 256 pages
The decade after the September 11, 2001 terrorist attacks saw the enactment of anti-terrorism laws around the world that challenged understandings and assumptions about public institutions, human rights and constitutional law. Many of those laws remain on the statute books and continue to have a profound impact on constitutionalism and the rule of law. One of the most striking and rapid areas of development has been the conferral of increased powers of surveillance on law enforcement and intelligence agencies. The chapters in this edited book examine the impact of these powers on constitutionalism at both the domestic and international levels.
The book discusses the prevalence of mechanisms of mass surveillance; the challenges that technological developments pose for constitutionalism; new actors in the surveillance state; the use of surveillance material as evidence in court and the difficulties of balancing secrecy and fair trial requirements; and the effectiveness of constitutional and other forms of review of surveillance powers. The contributors to the book who are leading international experts in anti-terrorism and constitutional lawtake a comparative approach looking at jurisdictions including the United States, Canada, United Kingdom, Europe, Israel, India, Japan, China and Australia. The book draws important conclusions about the constitutional implications, short- and long-term, domestic and international, of the expansion of surveillance powers after 9/11.
1. Introduction, Fergal Davis, Nicola McGarrity and George Williams Part1: Framing the Debate 2. Where are the Limits of Western Counter-Terrorism Policy?, Conor Gearty 3. The Protection of Privacy: How Effective are Constitutional and Sub-Constitutional Means?, David Cole Part 2: The Panopticon State 4. Surveillance Regimes in India, Ujjwal Singh 5. Political Surveillance in China’s Post-Totalitarian State, Fu Hualing 6. Championing Local Surveillance in Counter-Terrorism, Clive Walker 7. ‘Private’ Surveillance and Frustrated Constitutionalism, Fiona de Londras Part 3: Migration and Harmonisation of Surveillance Policy and Jurisprudence 8. Information Technology and the Interception of Communications: Constitutional Interpretation and Privacy Trends in the US and Canada, Gregory Hagan and Maureen Duffy 9. From the West to the East: Migration of Surveillance Policy, Akiko Ejima 10. Transatlantic Perspectives on Counter-Terrorism Surveillance: A Clash or Convergence of Legal Cultures?, Cian Murphy Part 4: Post-9/11 Surveillance: A New Phenomenon? 11. ‘Policing’ Surveillance, Nicola McGarrity and George Williams 12. On the End of Freedom in Public Spaces: Legal Challenges of Wide Area and Multiple Sensor Surveillance Systems, Jens Kremer 13. The Impact of Human Rights Law on Measures of Mass Surveillance in the United Kingdom, Merris Amos 14. Constitutional Challenges of United States Surveillance, Owen Fiss Part 5: Effectiveness of Constitutional and Other Forms of Review 15. GPS Surveillance and Human Rights Review: Towards the Identification of Best Judicial Practice, Federico Fabbrini and Mattias Vermuelen 16. Internet Surveillance and Popular Sovereignty, Vanessa MacDonnell 17. The European Union as a Security Actor, Monica de Boer and Flora Goudappel Part 6: Surveillance in the Courtroom 18. A Judicial Perspective on Surveillance as Evidence, Justice Anthony Whealy 19. Covert Investigations: Maintaining the Rule of Law in the Fight against Terrorism, David Scharia
Fergal Davis is a Senior Lecturer with the Australian Research Council Laureate Project: Anti-Terrorism Laws and the Democratic Challenge, Gilbert + Tobin Centre of Public Law, University of New South Wales, Sydney, Australia.
Nicola McGarrity is a Lecturer with the Australian Research Council Laureate Project: Anti-Terrorism Laws and the Democratic Challenge, Gilbert + Tobin Centre of Public Law, University of New South Wales, Sydney, Australia.
George Williams is the Anthony Mason Professor of Law, a Scientia Professor and the Foundation Director of the Gilbert + Tobin Centre of Public Law, University of New South Wales, Sydney, Australia. As an Australian Research Council Laureate Fellow, he is currently engaged in a five year international project entitled: Anti-Terror Laws and the Democratic Challenge.