Terrorism and Constitutional Change: Lessons from Spain
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Svetlana Tyulkina
Postdoctoral Research Fellow on the Australian Research Council Laureate Fellowship: Anti-Terror Laws and the Democratic Challenge Project in the Gilbert + Tobin Centre of Public Law, University of New South Wales
Abstract
This article investigates recent developments in Spain’s anti-terrorism regime, in particular the 2002 Law on Political Parties which introduced a non-criminal procedure to outlaw political parties. The 2002 Law was adopted as a response to the continuing existence of political violence associated with terrorist group ETA. It therefore constitutes part of the national counterterrorism regime. This article argues that the 2002 Law was a legislative novelty and that its immediate application to ban the political party Batasuna brought about substantial changes to the existing system of constitutional protection of political freedoms, as well as modifying the established standards of constitutional review of anti-terrorism legislation. Furthermore, the result of the November 2011 Spanish parliamentary elections has brought questions on the effectiveness of the 2002 Law and its possible future application to the fore of political and legal discourse. The article concludes that the outcome of the 2002 Law on Political Parties is rather disappointing and suggests that there are lessons other democracies can learn both for their counterterrorism policies and treatment of political parties.
About the author
Postdoctoral Research Fellow on the Australian Research Council Laureate Fellowship: Anti-Terror Laws and the Democratic Challenge Project in the Gilbert + Tobin Centre of Public Law, University of New South Wales
© 2017 by Walter de Gruyter Berlin/Boston
Artikel in diesem Heft
- Inhalt
- Table of Contents
- Editorial
- Articles
- Constitutional Protection of the Head of State: The Case of Kosovo
- Freedom of Communication in the US and Europe
- Terrorism and Constitutional Change: Lessons from Spain
- Notes
- Egypt’s Constitution: What went Wrong?
- Constitutional Court and Constitutional Review in Albania
- Developments Austria
- Determination of citizenship after (supposed) birth through full surrogacy in the Ukraine
- Comprehensive prohibition of panhandling in public areas unconstitutional
- The exclusion to receive copies of video surveillance in the light of the right to a fair trial
- Developments CEE
- Polish Constitutional Tribunal: The rules for disclosing case records at the pre-trial stage of criminal proceedings
- Hungarian Constitutional Court: The Ratification of the Fiscal Compact
- Book Reviews
- Werner Heun, The Constitution of Germany: A contextual analysis, Hart Publishing, 2011, ISBN 978-1841138688, 241 pp.
- Ioannis Lianos/Okeoghene Odudu (eds), Regulating Trade in Services in the EU and the WTO. Trust, Distrust and Economic Integration, Cambridge University Press 2012, ISBN 9781107008649, 489 pp.
Artikel in diesem Heft
- Inhalt
- Table of Contents
- Editorial
- Articles
- Constitutional Protection of the Head of State: The Case of Kosovo
- Freedom of Communication in the US and Europe
- Terrorism and Constitutional Change: Lessons from Spain
- Notes
- Egypt’s Constitution: What went Wrong?
- Constitutional Court and Constitutional Review in Albania
- Developments Austria
- Determination of citizenship after (supposed) birth through full surrogacy in the Ukraine
- Comprehensive prohibition of panhandling in public areas unconstitutional
- The exclusion to receive copies of video surveillance in the light of the right to a fair trial
- Developments CEE
- Polish Constitutional Tribunal: The rules for disclosing case records at the pre-trial stage of criminal proceedings
- Hungarian Constitutional Court: The Ratification of the Fiscal Compact
- Book Reviews
- Werner Heun, The Constitution of Germany: A contextual analysis, Hart Publishing, 2011, ISBN 978-1841138688, 241 pp.
- Ioannis Lianos/Okeoghene Odudu (eds), Regulating Trade in Services in the EU and the WTO. Trust, Distrust and Economic Integration, Cambridge University Press 2012, ISBN 9781107008649, 489 pp.
