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This chapter examines the ways in which processes of racialisation are embedded within the exercise and implementation of UK counterterrorism laws and policies. This is revealed through consideration of the cumulative impact of four interconnected issues: the definition of terrorism; the development of pre-emptive criminal offences; the emerging frame of radicalisation as a way to explain and understand why people turn to violence; and the evolution of the government’s strategy for preventing radicalisation. An examination of these issues reveals how processes of racialisation often remain beyond the reach of public law review. It shows the limits of public law as a tool of social change when state actions operate against a broader backdrop of racist narratives and ideas that are sufficiently normalised so as to go unnoticed and unchallenged.
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Lammasniemi, L. (2017) ‘Welfare, Anti-austerity and Gender: New Territory and New Sources of Hostility for the Human Rights Act’, in F. Cowell (ed) Critically Examining the Case against the 1998 Human Rights Act, Abingdon: Routledge, 151–65.
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O’Brien, C. (2019) ‘What Is the Point of Social Security? Discriminatory and Damaging Effects of the Two-Child Limit Justified by the “Lottery of Birth”’, Journal of Social Welfare and Family Law, 41(4): 479–82.
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Atrey, S. (2021) ‘Structural Racism and Race Discrimination’, Current Legal Problems, 74(1): 1–34.
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Bowling, B. and Westenra, S. (2018) ‘Racism, Immigration, and Policing’, in M. Bosworth, A. Parmar and Y. Vasquez (eds) Race, Criminal Justice, and Migration Control: Enforcing the Boundaries of Belonging, Oxford: Oxford University Press, 61–77.
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Olatokun, M.A. (2021) ‘Does the Law Think That Black Lives Matter? A Reflection upon the Role of the Public Sector Equality Duty in Promoting Racial Equality before the Law’, Theory and Practice of Legislation, 9(1): 83–95.
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Meers, J. (2022) ‘The “Cumulative Impact” Problem in Social Welfare: Some Legal, Policy and Theoretical Solutions’, Journal of Social Welfare and Family Law, 44(1): 42–64.
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Simpson, M., McKeever, G. and Fitzpatrick, C. (2023) ‘Legal Protection against Destitution in the UK: The Case for a Right to a Subsistence Minimum’, Modern Law Review 86(2): 465–97.
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