Search
  Advanced Search
 
Journal search
Journal cover: Managerial Law

Managerial Law

ISSN: 0309-0558
Currently published as: International Journal of Law and Management

Online from: 1966

Subject Area: Business Ethics and Law

Content: Latest Issue | icon: RSS Latest Issue RSS | Previous Issues

Options: To add Favourites and Table of Contents Alerts please take a Emerald profile

Previous article.Icon: Print.Table of Contents.Next article.Icon: .

Police powers and human rights in the context of terrorism


Document Information:
Title:Police powers and human rights in the context of terrorism
Author(s):Richard Stone, (University of Lincoln, Lincoln, UK)
Citation:Richard Stone, (2006) "Police powers and human rights in the context of terrorism", Managerial Law, Vol. 48 Iss: 4, pp.384 - 399
Keywords:European law, Human rights, Police, Terrorism
Article type:Conceptual Paper
DOI:10.1108/03090550610681213 (Permanent URL)
Publisher:Emerald Group Publishing Limited
Abstract:

Purpose – The object of the paper is to analyse the justifications for the modification of police powers in response to terrorist threats, placing this issue in a European context.

Design/methodology/approach – The paper consists of a critical examination of provisions relating to terrorism emanating from the European Union and the Council of Europe (European Convention on Human Rights (ECHR)), and the relevant English law on police powers of stop and search, arrest, and detention.

Findings – Nothing in European law requires the amendments to police powers contained in English law; European law requires respect for human rights, even in dealing with terrorism; a shoot-to-kill policy is prohibited by the ECHR; and balance is an unsatisfactory method of resolving conflicts in this area.

Research limitations/implications – The research was limited in its scope to certain areas of police powers, and to certain fundamental European documents. Future research should consider the issue in relation to wider areas.

Originality/value – It challenges the idea of balance between liberty and security, proposing a test based on necessity instead.



Fulltext Options:

Login

Login

Existing customers: login
to access this document

Login


- Forgot password?
- Athens/Institutional login

Purchase

Purchase

Downloadable; Printable; Owned
HTML, PDF (120kb)Purchase

To purchase this item please login or register.

Login


- Forgot password?

Recommend to your librarian

Complete and print this form to request this document from your librarian


Marked list


Bookmark & share

Reprints & permissions