Police powers and human rights in the context of terrorism

摘要

Purpose – The object of the paper is to analyse the justifications for the modification of policeudpowers in response to terrorist threats, placing this issue in a European context.udDesign/methodology/approach – The paper consists of a critical examination of provisionsudrelating to terrorism emanating from the European Union and the Council of Europe (EuropeanudConvention on Human Rights (ECHR)), and the relevant English law on police powers of stop andudsearch, arrest, and detention.udFindings – Nothing in European law requires the amendments to police powers contained in Englishudlaw; European law requires respect for human rights, even in dealing with terrorism; a shoot-to-killudpolicy is prohibited by the ECHR; and balance is an unsatisfactory method of resolving conflicts inudthis area.udResearch limitations/implications – The research was limited in its scope to certain areas ofudpolice powers, and to certain fundamental European documents. Future research should consider theudissue in relation to wider areas.udOriginality/value – It challenges the idea of balance between liberty and security, proposing a testudbased on necessity instead.