Pwr v DPP [2022] UKSC 2: Generational Shift? Counter-Terrorism Responses before the UK Supreme Court

Murray, C

doi:10.4324/9781003477068-14

Pwr v DPP [2022] UKSC 2: Generational Shift? Counter-Terrorism Responses before the UK Supreme Court

Lookup NU author(s): Professor Colin Murray ORCiD

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Abstract

This article explores the relationship between rights and security in the counter-terrorism jurisprudence of the UK House of Lords and the UK Supreme Court. In the wake of the attacks of 11 September 2001, the final years of the operation of the Appellate Committee were marked by increasing government exasperation at the Law Lords’ application of human rights standards in the context of security policy. The Supreme Court’s jurisprudence has not generated the same controversy, and this article contends that this is better explained by the prominence accorded to the Belmarsh Detainees decision in accounts of the Appellate Committee’s jurisprudence than an by any suggestion of an overarching shift in jurisprudence under the UK Supreme Court.