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Published online by Cambridge University Press: 02 January 2018
1 Cm 1934, 1992.
2 For example, the extent of non-jury trials in Northern Ireland before 1972 is wholly misrepresented (p 127), and the European Convention on Mutual Assistance had been signed and ratified by 1992 (p 368).
3 See: RP Clark The Basque Insurgents (Wisconsin UP, 1984), Negotiating with ETA (University of Kevada Press, 1990); J Sullivan ETA and Basque Nationalism (Routledge, 1988); B Pollack and G Hunter ‘Dictatorship, democracy and terrorism in Spain’ in J Lodge (ed) The Threat of Terrorism (Wheat sheaf, 1988); J Zulaika Basque Violence (University of Nevada Press, 1988); G Shabad and FJ Llera ‘Political violence in a democratic state’ in M Crenshaw (ed), Political Violence in Western Democracies (1990); E Moxon Browne ‘Spain and the ETA’ (1987) Conflict Studies 201.
4 R v Secretary of State for the Home Department, ex p Cheblak [1991] 2 All ER 319.
5 See further: I Zamir ‘The rule of law and the control of terrorism’ (1988) 8 Tel Aviv University Studies in Law 81.
6 Modesty almost forbids mention of G Hogan and C Walker Political Violence and the Law in Ireland (Manchester University Press, 1989) and C Walker The Prevention of Tenorism in British Law (2nd edn Manchester UP, 1989). See also: D Bonner Emergency Powers in Peacetime (Sweet & Maxwell, 1985); A Jennings (ed) Justice Under Fire (2nd edn Pluto Press, 1992).
7 The book also points to a common history of responses to anarchists in the late nineteenth century: chap 6.
8 Studies of France and Germany include: M Radvanyi Anti-Terrorist Legislation in the Federal Republic of Germany (Library of congress, 1979); G Chaliand Terrorism (Saqi, 1987); JE Finn Constitutions in Crisis (Oxford UP, 1991).
9 R v Secretary of State for the Home Department ex p Brind [1991] 2 WLR 588.
10 See especially: Decret 46-448 of 18 March 1946 as amended by 84-1178 of 26 December 1984; Rutili u Minister of the Interior [1975] ECR 1219.
11 See: Review of the Operation of the Prevention of Terrorism (Temporary Provisions) Act 1984 (Cm 264, 1987) para 15.1.5; Review of the Northern Ireland (Emergency Provisions) Act 1978 and 1987 (Cm 1 115, 1991) para 11.5.
12 See: Hogan and Walker, op. cit.
13 Northern Ireland Office.
14 See C Walker ‘Police and community in Northern Ireland’ (1990) 41 NILQ 105 at p 138.
15 (Penguin, 1985) chap 8. Their ideas included common recruitment and training, a cross-border security unit and court and the swapping of judges between jurisdictions.
16 See: B Thompson ‘Public law and political culture’ in J Hayes and P O'Higgins Lessons from Northern Ireland (SLS, 1990), p 203.
17 Report on behalf of the Legal Affairs Committee on the European Judicial Area (Doc 1–318/82). See also: D Freestone ‘The EEC Treaty and common action on terrorism’ (1984) 4 YB of European Law 207. But note that the latest Zagari Report (Report to the Committee on Legal Affairs and Citizen's Rights on Problems relating to combating terrorism (A 2–155/89) viewed a European Judicial Area in terms of coordination and mutual confidence rather than in terms of homogeneous legislation.
18 (1985). See: House of Lords Select Committee on the European Communities, 1992: The Border Control of People (1988–89 HL 90) App 3.
19 See Titles V and VI.
20 Irish-Americans are wont to fall prey to this defect: J Holland The American Connection (Poolbeg, 1989).
21 The other leading example is the Dublin Agreement of 1979 which has had an equally chequered history.
22 See: KG Robertson 1992: The Security Implications (1989); AB Philip European Border Controls (RIIA Discussion Paper 19, 1989). The agreement is itself more a matter of coordination than harmonisation.
23 See: Fire Safety and Policing of the Channel Tunnel (Cm 1853, 1992); Walker, op cit chap 9; Sir Brittan ‘1992 and the common man’ (1992) 86 (34) LS Gaz 39.
24 Re Belgian Passports Controls [1990] 2 CMLR 497; Commission u Netherlands (1991) C-68, 89.
25 See: A Guelke Northern Ireland: the International Perspective (Gill & MacMillan, 1988) chap 8; Haagerup Report on behalf of the Political Affairs Committee on the Situation in Northern Ireland (Doc 1–1526/83).
26 Examples include the judgment in McVeigh, O'Neill and Evans u UK, Appl nos 8022, 8023,8027/77, DR 25 p 15 (which affected practices in relation to notification to relatives of detainees) and support in the Baker Report (Review of the Operation of the Northern Ireland (Emergency Provisions) Act 1978, Cmnd 9222, 1984) for the introduction of a reasonable suspicion criterion into the exercise of most special powers.
27 Guelke, op cit p 168.
28 See: SR Chowdhury Rule of Law in a State of Emergency (Pinter, 1989).