The Note argues that the UK must modify its extrajudicial detention legislation in order to comply with the prompt appearance requirement of Article 5(3) of the European Convention. It analyzes the history of the conflict between Northern Ireland the the UK leading to the implementation of the extrajudicial powers of arrest and detention and the Court's decision in the Case of Brogan and Others. The Note further argues that the eventual permanent derogation which the UK employs is untenable under the EC and recommends judicial reinterpretation.
Patricia M. Roche,
The United Kingdom's Obligation to Balance Human Rights and Its Anti-Terrorism Legislation: The Case of Brogan and Others,
13 Fordham Int'l L.J. 328
Available at: http://ir.lawnet.fordham.edu/ilj/vol13/iss3/4