The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act?(Hart Studies in Security and Justice)

This timely edited collection brings together experts in the fields of legal history, criminal justice, human rights and counter-terrorism law to appraise Ireland’s Offences Against the State Act on the eightieth anniversary of its enactment. The origins, development, invocation and extension of the powers contained in the legislation are analysed and critiqued using a broad range of methodologies. The book engages fully with the 1939 Act’s scope and complexity including consideration of the impact of the Act on issues as diverse as trial by jury, paramilitary organisations, organised crime, disclosure, the rules of evidence, freedom of expression and association, parliamentary oversight of legislation and adherence to international human rights norms. In addition, the interplay of the Act with the universal themes of normalcy, exceptionalism, contagion and due process are explored throughout. This book will appeal to an audience beyond those with a particular interest in the Act itself. It combines historical and contemporary insights with theoretical and practical perspectives that will enrich the reader’s understanding of emergency law, wherever it arises.

Table of Contents:
1. The Prehistory of the Offences Against the State Act Niamh Howlin, University College Dublin, Ireland 2. Precursors to the Offences Against the State Act – Emergency Law in the Irish Free State Thomas Mohr,University College Dublin, Ireland 3. A Certain Ambivalence: Independent Ireland and Trial by Jury Mark Coen,University College Dublin, Ireland 4. The Special Criminal Court: A Conveyor Belt of Exceptionality Fionnuala Ní Aoláin, Queens’ University Belfast, UK 5. Terrorism Trials and the Offences Against the State Acts in Comparative Perspective Nicola McGarrity, University of New South Wales, Australia 6. Threats to Security and Risks to Rights: ‘Belief Evidence’ under the Offences Against the State Act Liz Heffernan, Trinity College Dublin, Ireland and Eoin O’Connor, Trinity College Dublin, Ireland 7. Disclosure and Privilege: The Dual Role of the Special Criminal Court in Relation to Belief Evidence Alice Harrison, Maynooth University, Ireland 8. The Offences Against the State Acts and Non-Subversive Offences Liz Campbell, Monash University, Australia 9. The Proscription of Organisations in the Republic of Ireland Jamie McLoughlin, University College Dublin, Ireland and Clive Walker, University of Leeds, UK 10. New Media, Free Expression, and the Offences Against the State Acts Laura K Donohue, Georgetown University, USA 11. The Offences Against the State Acts and International Human Rights Yvonne Marie Daly, Dublin City University, Ireland 12. The Offences Against the State Acts: Reflections from Practice and the Legislature Ivana Bacik, Trinity College Dublin, Ireland 13. A Less Exceptional State of Exception: The Offences Against the State Act as an Emergency Response Alan Greene, University of Birmingham, UK 14. ‘Contagion’ between the Special and the Normal in Criminal Justice: A Comparative Perspective Claire Hamilton, Maynooth University, Ireland

About the Author :
Mark Coen is Lecturer in Law at University College Dublin, Ireland

Review :
A deeply intriguing and arresting read from start to finish … particularly timely in light of the advent of emergency legislation pertaining to the Covid-19 pandemic … an essential read for all scholars and enthusiasts of Irish constitutional law, Irish politics and modern Irish history for many years to come.