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Security and Liberty Restriction by Stealth Kate Moss Security and Liberty Crime Prevention and Security Management Series Editor: Martin Gill Titles include: Mark Button DOING SECURITY Critical Reflections and an Agenda for Change Kate Moss SECURITY AND LIBERTY Restriction by Stealth Forthcoming: Joshua Bamfield SHOPPING AND CRIME Paul Ekblom THE 5IS FRAMEWORK FOR CRIME PREVENTION AND COMMUNITY SAFETY Bob Hoogenboom GOVERNANCE AND POLICING OF SECURITY Exploring the Shifting Contours of Control Crime Prevention and Security Management Series Standing Order ISBN 978-0-230-01355-1 hardback 978-0-230-01356-8 paperback (outside North America only) You can receive future titles in this series as they are published by placing a standing order. Please contact your bookseller or, in case of difficulty, write to us at the address below with your name and address, the title of the series and the ISBN quoted above. Customer Services Department, Macmillan Distribution Ltd, Houndmills, Basingstoke, Hampshire RG21 6XS, England Security and Liberty Restriction by Stealth Kate Moss Wolverhampton University, UK Preface by Martin Gill Foreword by Ken Pease University of Loughborough, UK © Kate Moss 2009 Preface © Martin Gill 2009 Foreword © Ken Pease 2009 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6-10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted her right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2009 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN-13: 978-0-230-52467-5 ISBN-10: 0-230-52467-2 hardback hardback This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Moss, Kate, 1965– Security and liberty : restriction by stealth / Kate Moss ; preface by Ken Pease. p. cm. Includes bibliographical references. ISBN 978-0-230-52467-5 (alk. paper) 1. Civil rights–Great Britain. 2. National security–Great Britain. 3. Civil rights–United States. 4. National security–United States. I. Title. JC599.G7M67 2009 323.0941–dc22 2008030092 Printed and bound in Great Britain by CPI Antony Rowe, Chippenham and Eastbourne For my greatest achievements – my children, Gemma and Christopher. This page intentionally left blank Contents Acknowledgements viii Preface by Martin Gill ix Foreword by Ken Pease x Chapter 1 The Retreat from Liberty 1 Chapter 2 Constitutional Origins of Erosion