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Self-service search warrants and international terrorism: lessons from Damache v DPP

MacMahon, Paul (2012) Self-service search warrants and international terrorism: lessons from Damache v DPP. Irish Law Journal, 1. pp. 2-25. ISSN 2009-5880

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Abstract

In February 2012, the Supreme Court of Ireland invalidated a long-standing statutory provision that allowed the police to ‘help themselves’ to search warrants in terrorism cases. Though the case has far-reaching practical consequences and theoretical implications, the Supreme Court’s written decision was relatively spare. The aim of this comment is to deepen the discussion. To that end, I examine the purposes of search warrant requirements as part of a legal regime for protect-ing privacy against government intrusion. I also discuss the judicial power to reject counterterrorism measures approved by the elected branches of government. Finally, I connect the Supreme Court’s decision to fundamental and recurring questions about the Irish judiciary’s level of trust in law enforcement authorities.

Item Type: Article
Official URL: http://irishlawjournal.com/
Additional Information: © 2012 The Author
Divisions: Law
Subjects: K Law > K Law (General)
Sets: Departments > Law
Date Deposited: 25 Sep 2014 09:23
Last Modified: 04 Sep 2020 23:32
URI: http://eprints.lse.ac.uk/id/eprint/59534

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