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Possible Constitutional Objections to the Powers to Ban ‘Terrorist’ Organisations

2004; RELX Group (Netherlands); Linguagem: Inglês

1556-5068

Joo‐Cheong Tham,

Criminal Law and Evidence

The first part of this article considers - from a constitutional perspective - the Criminal Code proscription regime, while the second part is devoted to examining the constitutional validity of the Charter of UN proscription regime. With both regimes, three constitutional restrictions come to the fore: the implied freedom of political communication, the implied freedom of association, and the separation of judicial power. The last raises the specific question whether these regimes give rise to bills of attainder.