
Contents
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
1. Introduction 1. Introduction
-
2. Parliamentary rhetoric and the enactment of powers without safeguards 2. Parliamentary rhetoric and the enactment of powers without safeguards
-
2.1. The Prevention of Terrorism (Temporary Powers) Act 1989 2.1. The Prevention of Terrorism (Temporary Powers) Act 1989
-
2.2. The Terrorism Act 2000 2.2. The Terrorism Act 2000
-
2.3. Exceptionalism and superlatives 2.3. Exceptionalism and superlatives
-
2.4. Urgency and unity 2.4. Urgency and unity
-
-
3. Police use of powers and parliamentary rhetoric 3. Police use of powers and parliamentary rhetoric
-
3.1. Imagery regarding the threat 3.1. Imagery regarding the threat
-
3.2. The attacks and the necessary response 3.2. The attacks and the necessary response
-
-
4. Conclusion 4. Conclusion
-
-
-
-
-
-
-
-
-
-
28 The Role of Parliamentary Rhetoric in Facilitating the Racial Effect of the Stop and Search Powers in Section 44 of the Terrorism Act 2000
Get access-
Published:February 2013
Cite
Abstract
In 2010, following the judgment of the European Court of Human Rights in Gillan v United Kingdom, the UK government suspended, and then later repealed, the suspicionless stop and search powers in the Terrorism Act 2000 s.44 (s.44). The Court found that the powers gave rise to a ‘clear risk of arbitrariness’ and that the ‘discriminatory use of the powers...[was] a very real consideration’. This judicial criticism corresponded with pre-existing claims of the racially disproportionate deployment of the powers and the deleterious impact of their use on both community cohesion and effective counterterror policing. This chapter uses s.44 as a case study through which to explore the potential role of parliamentary discourse in giving rise to this racial effect. The analysis focuses on two distinct periods of parliamentary debate. First, it demonstrates that in the debates leading up to the enactment of s.44, and its preceding statutory provisions, the socially constructive nature of parliamentary discourse operated as a tool of governance, endorsing the enactment of the statutory powers, without standard safeguards against misuse, for predominantly political ends. Secondly, it shows that the imperative necessity of the absent statutory safeguards in preventing the misuse of s.44 was demonstrated first-hand in the febrile atmosphere post-9/11. Against the background of the terrorist attacks parliamentary imagery forged a heuristic shortcut between minority communities and the terrorist threat, creating a readily identifiable ‘suspect community’.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 2 |
November 2022 | 2 |
December 2022 | 7 |
January 2023 | 6 |
February 2023 | 9 |
March 2023 | 10 |
April 2023 | 1 |
May 2023 | 3 |
June 2023 | 1 |
July 2023 | 4 |
August 2023 | 1 |
September 2023 | 5 |
October 2023 | 4 |
November 2023 | 2 |
December 2023 | 3 |
January 2024 | 1 |
February 2024 | 8 |
March 2024 | 3 |
April 2024 | 5 |
May 2024 | 1 |
June 2024 | 2 |
July 2024 | 1 |
August 2024 | 2 |
November 2024 | 5 |
December 2024 | 9 |
January 2025 | 9 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.