Enemies of the State: Proscription Powers and Their Use in the United Kingdom (original) (raw)

This article assesses the use of proscription powers as a tool for countering terrorism, using the United Kingdom as a case study. The article begins with a brief overview of the UK’s current proscription regime. It then situates this in historical context, noting the significant recent increase in proscribed groups and the predominance of ‘Islamist’ organisations therein. The article then critiques proscription on four principle grounds. First, the challenges of identifying and designating proscribed groups. Second, the considerable domestic and trans-national politicking that surrounds proscription decisions. Third, the normative importance of protecting scope for political resistance and freedoms of expression and organisation. And, fourth, the questionable efficacy of proscription as a counter-terrorism tool. The article concludes by arguing that proscription’s place in contemporary security politics should be heavily safeguarded against the politicization and imbalance between the executive and legislature that characterises the deployment of the legislation in the UK today.