National Security Law

This module will explore the growth of national security law as a discipline, and in particular the rule of law and human rights concerns that are in tension. The course will have an international emphasis, with considerable examination of the UK, and other major common law countries’ experiences dealing with national security law issues. In addition, the module will examine Irish law and practice where it touches on national security law issues, and will include examination of evidentiary concepts including informer and public interest privilege that are invoked when national security considerations are at play.

Some of the seminar topics will include:

• National security and the courts. Consideration of informer privilege and public interest immunity. Comparative analysis of the Closed Material Procedure in the UK.
• National security and legislation - examination of legislation which has placed on national security issues on a statutory basis.
• National security and immigration – examination of whether the State can expel a person on the basis of a threat to national security without providing details of same to the person concerned. Comparative analysis of UK and Irish approaches to this issue, and how the ECtHR has dealt with same.
• Coercive or enhanced interrogation and intelligence sharing. What is the legal position, and what are limits on the use of such intelligence? Comparative approach to the UK position.
• National security and Ireland. Examination of the use of informers, the Special Criminal Court and the Witness Protection Programme.

Learning Outcomes:

On successful completion of this module, students should be able to:

• Identify and critically analyse national security law concepts, doctrines and rules both orally and in writing
• Apply the law of national security in practical and theoretical settings
• Pinpoint and critically analyse international and comparative perspectives on national security law
• Develop theoretical and policy perspectives on the law of national security
• Assess the development of the law and formulate proposals for reform
• Conduct effective international, comparative and multidisciplinary research where relevant.

Assessment: 

Coursework (100%)
The coursework will take the form of a 6,000 word independent research paper. Students will be expected to read materials in advance of class and to participate actively in class discussion. Some classes will involve individual and group student presentations.

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