DEROGIRANJE LJUDSKIH PRAVA I OSNOVNIH SLOBODA U BORBI PROTIV TERORIZMA: SLUČAJ UJEDINJENOG KRALJEVSTVA
DEROGATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN COMBAT AGAINST TERRORISM: THE CASE OF THE UNITED KINGDOM

Summary/Abstract: In this paper explores the meaning and significance of two conflicting concepts in the context of the European Court of Human Rights judgment in case of Gillan and Quinton v. The United Kingdom in the modern anti terrorist legislation: the universal protection of human rights such as the right to freedom and the right to privacy and margin of appreciation doctrine in derogation of human rights and fundamental freedoms. In order to present materials systematically, the paper is divided into two parts. In the first part the author review provisions of the Terrorist Act (2000) in the context police powers to stop and search persons in the public place. On this basis, possibilities for the abuse of police powers. In the second part the author discusses on possible violations of the right to freedom and the right to privacy in this case of stop and search persons by police officers in order to prevent possible terrorist attack. Therefore, result of this analysis is delimits legal and illegal stop and search suspicious persons. In conclusion, the author points out the relevance abandoning restrictive interpretation of Human Rights Treaties in the recent jurisprudence of the European Court of Human Rights.

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