The National Security Constitution

Paul F Scott is Lecturer in Public Law at the University of Glasgow.

Introduction: The Constitution and National Security
I. The United Kingdom’s Constitutional Order
II. The National Security Constitution
III. Structure
IV. The National Security Council
1. The Counter-Terrorism Constitution
I. Introduction
II. CONTEST and the Joint Terrorism Analysis Centre
III. The Role of the Criminal Law in Counter-Terrorism
IV. Counter-Terrorism Law up to and Including the Terrorism Act 2000
V. The 2000 Act and the Definition of Terrorism
VI. Obsolete Counter-Terrorism Mechanisms
VII. Current Counter-Terrorism Mechanisms
VIII. Themes of the Counter-Terrorism Constitution
IX. Conclusion
2. Investigatory Powers and the Constitution
I. The Constitution and Investigatory Powers
II. The Rule(s) of Law
III. Investigatory Powers
IV. Conclusion 3
3. The Military Constitution
I. Introduction
II. The Place of the Military in the Constitution
III. The Use of Force in Constitutional Law and Practice
IV. Legal Accountability for the Use of Force Abroad
V. Drones
VI. Conclusion
4. Citizenship
I. Introduction
II. Citizenship and the Right to Travel
III. Immigration Law and National Security
IV. Citizenship and National Security
V. Citizenship, Passports and the Right to Travel
VI. Conclusion
5. Secrecy
I. Secrecy in the National Security Constitution
II. Secrecy in the Courts
III. Executive Secrecy
IV. Conclusion: Secrecy in the National Security Constitution
6. Justiciability
I. Introduction
II. Justiciability (and Foreign Affairs) Generally
III. Foreign Act of State
IV. Crown Act of State
V. Conclusion: The Courts and the Executive in the National Security Constitution
7. Sovereignty
I. Introduction
II. From National Security to International Security
III. The International Pursuit of National Security and its Consequences
IV. Conclusion: The Constitutional Consequences of the Internationalisation of National Security