This work aims to provide a concise treatment of constitutional and administrative law, which is a core subject for LLB and CPE students. It It contains a comprehensive introduction to the subject, and new case and statute law, and is suitable for students taking law degrees, CPE and ILEX Stage II courses, and those taking degrees in public administration, politics, government, and students taking A-Level law.

Constitutional and Administrative Law

When means become ends: considering the impact of patent strategy on innovation

The ‘anti-social behaviour’ agenda in Britain and the introduction of diverse new powers and regulatory tools represent a major challenge to traditional conceptions of criminal justice. This article argues that the language of regulation has been appropriated and deployed to cloak and legitimise ambitious (yet ambiguous) bouts of hyper-active state interventionism. These may have more to do with quests to demonstrate government’s capacity to be seen to be doing something tangible about public anxieties than with meaningful behavioural change. Rather, regulatory ideas are being used to circumvent and erode established criminal justice principles, notably those of due process, proportionality and special protections traditionally afforded to young people. Consequently, novel technologies of control have resulted in more intensive and earlier interventions.

Governing Through Anti-Social Behaviour Regulatory Challenges to Criminal Justice

In recent years, the phrase ‘anti-social behaviour’ (ASB), as understood in a public order enforcement context, has gained prominence in the United Kingdom, to the extent that it is claimed we now live in an ‘ASBO nation’. In this article, the meaning of ASB is explored as a contested concept. The focus is on urban spaces, where it is argued that understandings of ASB are very much dependent on people's behavioural expectations for a particular space and time. Moreover, what is regarded as anti-social is also determined by social and cultural norms of aesthetic acceptability. A differential interpretation perspective is suggested, in which the same behaviour can be censured as ASB (or crime), tolerated, or even celebrated. The consequences are discussed

Anti-Social Behaviour, Behavioural Expectations and an Urban Aesthetic

International criminal law has witnessed a rapid rise after the end of the Cold War. The United Nations refers to the birth of a new 'age of accountability', but certain historical objections, such as selectivity or victor's justice, have never fully gone away, and many of the justice dimensions of international criminal law remain unexplored. Various critiques have emerged in socio-legal scholarship or globalization discourse, revealing that there is a stark discrepancy between reality and expectation. Linking discussion of legal theories, case-law and practice to scholarship and opinion, A Critical Introduction to International Criminal Law explores these critiques through five main themes at the heart of contemporary dilemmas:The shifting contours of criminality and international crimesThe tension between individual and collective responsibilityThe challenges of domestic, international, hybrid and regional justice institutionsThe foundations of justice proceduresApproaches towards punishment and reparationSuitable for students, academics and professionals from multiple fields wishing to understand contemporary theories, practices and critiques of international criminal law. This title is also available as Open Access on Cambridge Core.

A Critical Introduction to International Criminal Law

The Internet is a transformative technology that terrorists are exploiting for the spread of propaganda and radicalizing new recruits. While Al Qaeda has a longer history, Islamic State is conducting a modern and sophisticated media campaign centered around online social networking. This article introduces and contextualizes the contributions to this Special Issue by examining some of the ways in which terrorists make use of the Internet as part of their broader media strategies.

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Introduction to the Special Issue: Terrorist Online Propaganda and Radicalization

This article discusses the definition of anti-social behaviour employed by section 1(1)(a) of the Crime and Disorder Act 1998 for the purposes of the Anti-Social Behaviour Order. It argues that, if the ASBO is to remain at the forefront of the Government's campaign against anti-social behaviour, this section should be amended. The article begins by outlining the claimed benefits of, and critics' concerns about, the definition, arguing that the difference of opinion stems from different views of state power. It then argues that the ASBO has been employed for social control, often at the expense of more constructive forms of intervention, and that this has shown New Labour's willingness to vest enforcement agencies with the wide discretion conferred by section 1(1)(a) to have been misplaced. Finally, it proposes a refined version of section 1(1), which focuses the Order on the cases for which it was purportedly designed whilst maintaining any benefits of the broad definitional approach currently taken in section 1(1)(a).

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A Suicidal Woman, Roaming Pigs and a Noisy Trampolinist: Refining the ASBO's Definition of ‘Anti‐Social Behaviour’

This article examines the framework which Herbert Packer devised for analysing the criminal justice process. Warning against an indiscriminate use of the word "model" - something which Packer introduced, which critics of his work have perpetuated, and which today is commonplace in criminal justice research - it distinguishes three distinct tools which researchers might employ - strong ideal-types, weak ideal-types and non-ideal-types - and underscores the importance of drawing a sharp distinction between empirical work and evaluative work. Exposing other fundamental flaws in Packer's framework, the article also abstracts two other general lessons for criminal justice research: that a multi-dimensional framework is needed, and so a one-dimensional framework like Packer's is inappropriate; and that to adopt a simple yes/no approach to the different ways in which values are held, as Packer did, is inadequate. So as well as constructing a number of tools which may be used by criminal justice researchers, and offering examples of how they might be employed, the article establishes the general contours of a framework for criminal justice research.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1016702_code359596.pdf?abstractid=868589&mirid=5

Constructing a Framework for Criminal Justice Research: Learning from Packer's Mistakes

This article reports on a recent research project exploring academic perspectives on the threat posed by cyberterrorism. The project employed a survey method, which returned 118 responses from researchers working across 24 different countries. The article begins with a brief review of existing literature on this topic, distinguishing between those concerned by an imminent threat of cyberterrorism, and other, more skeptical, views. Following a discussion on method, the article's analysis section then details findings from three research questions: (1) Does cyberterrorism constitute a significant threat? If so, against whom or what?; (2) Has a cyberterrorism attack ever taken place?; and (3) What are the most effective countermeasures against cyberterrorism? Are there significant differences to more traditional forms of anti- or counterterrorism? The article concludes by reflecting on areas of continuity and discontinuity between academic debate on cyberterrorism and on terrorism more broadly.

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The Cyberterrorism Threat: Findings from a Survey of Researchers

This article reports on a recent survey designed to capture understandings of cyberterrorism across the global research community. Specifically, it explores competing views, and the importance thereof, amongst 118 respondents on three definitional issues: (a) the need for a specific definition of cyberterrorism for either policymakers or researchers; (b) the core characteristics or constituent parts of this concept; and (c) the value of applying the term “cyberterrorism” to a range of actual or potential scenarios. The article concludes by arguing that while a majority of researchers believe a specific definition of cyberterrorism is necessary for academics and policymakers, disagreement around what this might look like has additional potential to stimulate a rethinking of terrorism more widely.

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Stuart Macdonald

Papers

Introduction to the Special Issue: Terrorist Online Propaganda and Radicalization

A Suicidal Woman, Roaming Pigs and a Noisy Trampolinist: Refining the ASBO's Definition of ‘Anti‐Social Behaviour’

Constructing a Framework for Criminal Justice Research: Learning from Packer's Mistakes

The Cyberterrorism Threat: Findings from a Survey of Researchers

What Is Cyberterrorism? Findings From a Survey of Researchers