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But even if the court widens the way for immigration action by states, the negative fallout that followed Arizona-style policing laws has made many lawmakers cautious.
MOB JURISPRUDENCE When the New Zealand police force said they were open to suggestions about how to rewrite national policing laws, they meant it.
In January 2011, during a big fight in Westminster over EU powers, the government offered a concession to Eurosceptics: a promise of a vote in Parliament on whether to opt out of justice and policing laws.
A raft of executive decrees and harsh policing laws over the past 10 years has provided fertile ground for abuses like the killings of more than 6,000 young people since 1998; over a third of these were linked to security officials.
In 2007 the EU was poised to transfer a thicket of crime-fighting and policing laws from one section of the union's treaties (in which individual countries have national vetoes and ECJ judges may not meddle) to a section of the treaties governed by majority voting and ECJ oversight.
David Cameron is running out of time to opt-out of EU policing laws, a Conservative MEP has warned.
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He said the policing law adopted last year built on those earlier initiatives.
Then the authorities invoked the emergency policing law, known as Section 144, to lock down the area around the presidential palace, Parliament and the main government offices.
"That is nonsense, and a recurring problem with this police position in this case," said Simon McKay, author of the book Covert policing: law and practice.
Through such decisions, Smith has become a recognized voice, testifying before the U.S. Congress on reforming electronic communications privacy laws and advising the American Law Institute's Project on Policing Law.
Jersey is to get a new independent police authority after politicians passed a new policing law.
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