K. D. Ewing and C. A. Gearty
- Published in print:
- 2001
- Published Online:
- March 2012
- ISBN:
- 9780198762515
- eISBN:
- 9780191695193
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198762515.003.0002
- Subject:
- Law, Human Rights and Immigration
This chapter discusses the enduring restrictions on the civil liberties of the people of Great Britain before and during the First World War. These restrictions were introduced as temporary measures ...
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This chapter discusses the enduring restrictions on the civil liberties of the people of Great Britain before and during the First World War. These restrictions were introduced as temporary measures under the Defence of the Realm Act. However, many of these restrictions either lasted longer than expected, surviving the reason for their original introduction, or were revived in a different form at a later date.Less
This chapter discusses the enduring restrictions on the civil liberties of the people of Great Britain before and during the First World War. These restrictions were introduced as temporary measures under the Defence of the Realm Act. However, many of these restrictions either lasted longer than expected, surviving the reason for their original introduction, or were revived in a different form at a later date.
Robert H. Wagstaff
- Published in print:
- 2013
- Published Online:
- April 2014
- ISBN:
- 9780199301553
- eISBN:
- 9780199344895
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199301553.003.0002
- Subject:
- Law, Public International Law, Comparative Law
The United States and the United Kingdom have rich histories of panic and overreaching responses to events that appear to threaten national security. Both countries have a habit of giving the ...
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The United States and the United Kingdom have rich histories of panic and overreaching responses to events that appear to threaten national security. Both countries have a habit of giving the executive non-reviewable extrajudicial discretion to address perceived emergencies. Historical US examples are the Alien and Sedition Acts (1798), the Palmer Raids (1919-1920), Japanese-American World War II internments, and the Alien Registration Act of 1940(Smith Act). The UK revived executive detentions in 1915 with Regulation 14b of the Defence of the Realm Act 1914, Regulation18B of the Emergency Powers Act 1939, and the Prevention of Terrorism Act 1974. Post 9/11, the US implemented the USA PATRIOT Act and the UK implemented the Anti-Terrorism Crime and Security Act 2001. Typically these responses involve preventive detention, focus on aliens, guilt by association, and use of administrative rather than criminal procedures. This chapter discusses the emergency legislation and historical court decisions including Korematzu v United States and Liversidge v Anderson.Less
The United States and the United Kingdom have rich histories of panic and overreaching responses to events that appear to threaten national security. Both countries have a habit of giving the executive non-reviewable extrajudicial discretion to address perceived emergencies. Historical US examples are the Alien and Sedition Acts (1798), the Palmer Raids (1919-1920), Japanese-American World War II internments, and the Alien Registration Act of 1940(Smith Act). The UK revived executive detentions in 1915 with Regulation 14b of the Defence of the Realm Act 1914, Regulation18B of the Emergency Powers Act 1939, and the Prevention of Terrorism Act 1974. Post 9/11, the US implemented the USA PATRIOT Act and the UK implemented the Anti-Terrorism Crime and Security Act 2001. Typically these responses involve preventive detention, focus on aliens, guilt by association, and use of administrative rather than criminal procedures. This chapter discusses the emergency legislation and historical court decisions including Korematzu v United States and Liversidge v Anderson.
William Murphy
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199569076
- eISBN:
- 9780191747373
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569076.003.0003
- Subject:
- History, British and Irish Modern History, Political History
This chapter charts the imprisonment in Ireland under the Defence of the Realm Act of radicals—largely Irish separatists who were members of the Irish Volunteers, but also pacifists—between the ...
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This chapter charts the imprisonment in Ireland under the Defence of the Realm Act of radicals—largely Irish separatists who were members of the Irish Volunteers, but also pacifists—between the outbreak of World War I and the Easter Rising of 1916. These men qualify for the description ‘political prisoners’ under almost every criterion one might apply. They were imprisoned because of their political activity and for political purposes. They were imprisoned under extraordinary legislation, although the state was cautious in its use of this legislation, combining severity with flexibility. The prisoners presented the state’s actions as illegitimate, declaring themselves political prisoners and regarding themselves as a class apart. They and their supporters employed very effective propaganda tactics, but they did not, with notable exceptions, develop an effective strategy for militant action inside the prisons.Less
This chapter charts the imprisonment in Ireland under the Defence of the Realm Act of radicals—largely Irish separatists who were members of the Irish Volunteers, but also pacifists—between the outbreak of World War I and the Easter Rising of 1916. These men qualify for the description ‘political prisoners’ under almost every criterion one might apply. They were imprisoned because of their political activity and for political purposes. They were imprisoned under extraordinary legislation, although the state was cautious in its use of this legislation, combining severity with flexibility. The prisoners presented the state’s actions as illegitimate, declaring themselves political prisoners and regarding themselves as a class apart. They and their supporters employed very effective propaganda tactics, but they did not, with notable exceptions, develop an effective strategy for militant action inside the prisons.
