The Expanding Use of Administrative Measures in a Counter-Terrorism Context - Part 1: In Need of Rule of Law Safeguards

Abstract

The paper will explore and define different types of administrative measures, set out the limited number of exceptional cases in which the measures can be a legitimate and useful tool to curb a risk to national security, and assesses the different factors affecting the lawfulness of these measures. In doing so, consideration is given to the legal basis of the measures, the human rights affected, the procedural safeguards in place, and the substantive criteria necessary before recommendations are offered on how administrative measures can be applied in a rule of law and human rights compliant manner in the future.