By Marianne F.H. Hirsch Ballin
The booklet assesses the adoption of counterterrorism measures within the Netherlands and the U.S., which facilitate legal investigations with a preventive concentration (anticipative legal investigations), from the viewpoint of rule of legislations rules. Anticipative legal research has emerged within the felony structures of the Netherlands and the USA on account of counterterrorism techniques the place the target of understanding terrorism prevention is mixed with the target to finally prosecute and punish terrorists. This ebook has addressed this new preventive functionality of felony justice and pointed out the rule of thumb of legislations ideas restricting the position of felony research in terrorism prevention. the chances and bounds of felony research generally and of cooperation and the department of obligations among legislation enforcement and intelligence were addressed in a way transcending variations among nationwide criminal structures. necessary for lecturers and practitioners attracted to legal research, rule of legislation and counterterrorism.
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Extra info for Anticipative Criminal Investigation: Theory and Counterterrorism Practice in the Netherlands and the United States
21 Law is more than mere rules, because the right to human dignity transcends the elaboration of this right in human rights, legal principles, constitutional rights and all other legal rules. The modern state governed by the rule of law shall be designed according to this idea, by enshrining fundamental rights and principles as transcending ordinary laws, elaborating human dignity in substantive fundamental rights by adopting fundamental rights in constitutions and human rights documents, and institutionalizing legality, which includes equality to the law, consistency, predictability and the realization of substantive goals.
10 Sen 2010, 301. 11 Rawls 1993, 291. 12 Ashworth 2009, 25. 14 A formal notion of the rule of law requires the regulation of state conduct in the law: rule by the law. 15 When human dignity is considered as the basic assumption for the polity of the state, it is required to give the rule of law, as will be used in this project, a more substantive content. It then includes democracy and individual rights together with formal legality, separation of powers and an independent judiciary. The rule of law as a notion based on respect for human dignity requires that state power is only exercised in recognition of individual liberty.
This intelligence-led and proactive form of investigation is a phenomenon where the traditional functions of criminal investigation and intelligence investigation have been blended. 1 The ‘threat of terrorism’ has significantly contributed to the increased call on states to guarantee security and, in particular, to realize the prevention of terrorist crimes. , states have sought to adjust their traditional means to confront the threat posed by terrorism. 3 For that reason, the traditional criminal investigation has been adjusted when it comes to the investigation of serious crimes that threaten essential aspects of our democratic society, especially terrorist crimes, so that the primary goal is now to prevent these crimes rather than searching for evidence to enable prosecution.