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Restricting Liberty to Prevent Terrorism

The Belgian and the UK Approaches to Direct Restrictions to the Right to Liberty to Prevent Terrorism

Book | 1st edition 2025 | United Kingdom, Europe | Ward Yperman
Will be available on Strada lex soon
Description

The wave of terrorist attacks that were carried out in Europe during the first two decades of the century has abruptly brought the issue of terrorism to our doorstep. Governments have used different types of measures to attempt to prevent terrorist attacks, the most intrusive of which are measures imposing direct restrictions on the right to liberty.

This book analyses the ways in which Belgium and the UK have employed measures directly restricting the right to liberty in order to prevent terrorism. It opens with an elaborate analysis of the right to liberty in the European Convention of Human rights and the relevant case law of the European Court of Human Rights. Then, the Belgian and UK legislation and case law are discussed. Finally, a comparative analysis of both national jurisdictions is undertaken, which leads to recommendations on how to improve the Belgian legislation in light of the right to liberty as protected by the European Convention of Human Rights.

Ward Yperman studied law at KU Leuven and criminology and criminal justice at the University of Oxford. In 2024, he obtained his PhD in criminal law at the former university. He is currently employed as a legal expert in criminal cases at the Belgian Court of Cassation. He teaches guest lectures on terrorism legislation at several Belgian universities and publishes on counterterrorism and Belgian criminal law in general.

Digital version available on :

  • Strada lex Belgium
  • Strada lex Europa

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Technical info
More Information
Type of product Book
Format Hardback
EAN / ISSN 9781839704383
Weight 600 g
Status Available
Number of pages 600 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Jan 7, 2025
Available on Strada Belgique Yes
Available on Strada Europe Yes
Available on Strada Luxembourg No
Chapters

Downloads

  • Table of contents and preliminary pages
  • INTRODUCTION
  • Chapter I. Issue and context
  • Chapter II. Prevention
  • METHODOLOGY
  • Chapter I. Scope of the topic
  • Chapter II. Research objectives and questions
  • Chapter III. Countries for comparison
  • Chapter IV. Relevance
  • PART I. NORMATIVE FRAMEWORK
  • Introduction
  • Chapter I. General principles
  • Chapter II. Application in the context of terrorism prevention
  • Chapter III. Main principles used throughout this book
  • PART II. BELGIUM
  • Introduction
  • Chapter I. Restrictions to the right to liberty
  • Chapter II. Article 137 CC
  • Chapter III. Article 140 CC
  • Chapter IV. Article 140bis CC
  • Chapter V. Article 140ter CC
  • Chapter VI. Article 140quater CC
  • Chapter VII. Article 140quinquies CC
  • Chapter VIII. Article 140sexies CC
  • Chapter IX. Article 140septies CC
  • Chapter X. Article 141 CC
  • Chapter XI. Proposed new offences
  • Chapter XII. Pre-trial detention
  • Chapter XIII. Analysis
  • PART III. THE UK
  • Introduction
  • Chapter I. Criminal law
  • Chapter II. Administrative law
  • Chapter III. Analysis
  • PART IV. COMPARATIVE ANALYSIS AND RECOMMENDATIONS
  • Introduction
  • Chapter I. Comparative analysis
  • Chapter II. General observations
  • Chapter III. Recommendations
  • General Conclusion
  • Bibliography