Reaction to Obama’s Speech on NSA Reform

Following a much-anticipated speech by President Obama outlining the broad parameters of reform of the NSA, I published two columns. The first, in The Conversation UK, emphasised the need to react cautiously to the speech. While, in its tone, the Obama speech suggested a firm embrace of the idea that security and liberty are complementary–rather than oppositional–concepts, the detail in the speech was light. It is that detail that will, of course, allow us ultimately to assess the meaningfulness of the proposed reform.

In a second column, on Human Rights in Ireland, I reflected on the prevention paradigm that continues to frame Obama’s approach to counter-terrorism. Of course, the US is not alone in this; preventing rather than reacting to is a core element of counter-terrorism in the UK and EU as well as in the United States. However, in all cases it is important that we are cautious and aware of the implications of a preventative mentality for decision making, policy making, and operations in the CT field. No real assessment of policy reforms or even legislative measures can be done unless we take the implications of preventativeness into account.

Submission on Longer Term Future of the ECHR and ECtHR

Below is the text of my submission to the public consultation on the longer term future of the ECHR and ECtHR. It focuses on the Court and argues for the prioritisation of constitutionalism over adjudication in the workload of the Court.

Future Challenges to the Convention System

The European Court of Human Rights (ECtHR) faces three particular challenges in the future: the possible breakdown of the relationship between the Court and (some) member states, rights-based implications of social conservatism in some member states, and a persistently high volume of complaints to the Court. Continue reading “Submission on Longer Term Future of the ECHR and ECtHR”

AJCL article extracted in ‘Constitutions, Security and the Rule of Law’

An article that I co-authored with Suzanne Kingston and published in the American Journal of Comparative Law ((2010) 58(2) AJCL 359-413) has been extracted in a collected edited by Sudha Setty, entitled Constitutions, Security and the Rule of Law (2014, iDebate). The full version of the article, entitled “Rights, Security and Conflicting International Obligations: Exploring Inter-Jurisdictional Judicial Dialogues in Europe”, can be downloaded for free here or read on Durham’s online repository here. The book, which features a range of international perspectives, can be ordered here.

Column reflecting on the NSA Report

I have published a short column reflecting on two of the more interesting proposals in the NSA report released last week: the data retention proposal (which is intended to prevent the NSA itself from collecting metadata) and the proposals for a Public Interest Advocate to be appointed to the FISC. The latter is a particularly fascinating proposal, in my view. The column, published on The Conversation, can be read here.