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Brighton hotel bombing
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"Brighton bomb" redirects here. For the Angelic Upstarts album, see Brighton Bomb (album).
Brighton hotel bombing
Part of The Troubles
The Grand Hotel on the morning after the bombing
Location
Grand Hotel, Brighton, England
Coordinates
50°49′17″N 0°08′50″W / 50.82139°N 0.14722°W / 50.82139; -0.14722Coordinates: 50°49′17″N 0°08′50″W / 50.82139°N 0.14722°W / 50.82139; -0.14722
Date
12 October 1984
2:54 am (BST)
Target
Margaret Thatcher[1]
Attack type
Bombing
Weapons
Time bomb
Deaths
5
Non-fatal injuries
31
Perpetrator
Provisional IRA
The Grand Hotel, Brighton, 1986 (restoration almost completed after bomb damage)
The Grand Hotel at night, 2006
The Brighton hotel bombing was a Provisional Irish Republican Army (IRA) assassination attempt against the top tier of the British government in 1984 that occurred on 12 October 1984 at the Grand Brighton Hotel in Brighton, England. A long-delay time bomb was planted in the hotel by IRA member Patrick Magee, with the purpose of killing Prime Minister Margaret Thatcher and her cabinet, who were staying at the hotel for the Conservative Party conference.[2] Although Thatcher narrowly escaped injury, five people were killed including a sitting Conservative MP, and 31 were injured.[3][4]
Contents
[hide]
1 Preparation
2 Bombing
2.1 Casualties
3 Aftermath
3.1 IRA statement
3.2 Thatcher's response
3.3 Approval in Britain
3.4 Patrick Magee
3.5 Attitudes towards security
4 In popular culture
5 See also
6 References
7 Further reading
8 Sources
Preparation[edit]
Patrick Magee had stayed in the hotel under the pseudonym Roy Walsh during the weekend of 14–17 September 1984. During his stay, he planted the bomb under the bath in his room, number 629.[2] The device was fitted with a long-delay timer made from videocassette recorder components and a Memo Park Timer safety device.[5] IRA mole Sean O'Callaghan claimed that 20 lb (9 kg) of Frangex (gelignite) was used.[6] The device was described as a 'small bomb by IRA standards' by a contemporary news report, and may have avoided detection by sniffer dogs by being wrapped in cling film to mask the smell of the explosive.[7]
Bombing[edit]
The bomb detonated at approximately 2:54 am (BST) on 12 October. The midsection of the building collapsed into the basement, leaving a gaping hole in the hotel's facade. Firemen said that many lives were likely saved because the well-built Victorian hotel remained standing.[8] Margaret Thatcher was still awake at the time, working on her conference speech for the next day in her suite. The blast badly damaged her bathroom, but left her sitting room and bedroom unscathed. Both she and her husband Denis escaped injury. She changed her clothes and was led out through the wreckage along with her husband and her friend and aide Cynthia Crawford, and driven to Brighton police station.[2][9]
At about 4:00 am, as Thatcher left the police station, she gave an impromptu interview to the BBC's John Cole, saying that the conference would go on as usual. Alistair McAlpine persuaded Marks & Spencer to open early at 8:00 am so those who had lost their clothes in the bombing could purchase replacements. Thatcher went from the conference to visit the injured at the Royal Sussex County Hospital.[9]
Casualties[edit]
Five people were killed, none of whom were government ministers. But a Conservative MP, Sir Anthony Berry, was killed, along with Eric Taylor (North-West Area Chairman of the Conservative Party), Lady (Jeanne) Shattock (wife of Sir Gordon Shattock, Western Area Chairman of the Conservative Party), Lady (Muriel) Maclean (wife of Sir Donald Maclean, President of the Scottish Conservatives), and Roberta Wakeham (wife of Parliamentary Treasury Secretary John Wakeham). Donald and Muriel Maclean were in the room in which the bomb exploded, but Mr Maclean survived.[9]
Several more, including Walter Clegg, whose bedroom was directly above the blast,[10] and Margaret Tebbit (the wife of Norman Tebbit, who was then President of the Board of Trade) were left permanently disabled. 34 people were taken to hospital and recovered from their injuries. When hospital staff asked Norman Tebbit, who was less seriously injured than his wife, whether he was allergic to anything, he is said to have answered "bombs".[9]
Aftermath[edit]
IRA statement[edit]
[show]
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The IRA claimed responsibility the next day, and said that it would try again. Its statement read:
Mrs. Thatcher will now realise that Britain cannot occupy our country and torture our prisoners and shoot our people in their own streets and get away with it. Today we were unlucky, but remember we only have to be lucky once. You will have to be lucky always. Give Ireland peace and there will be no more war.[11]
Thatcher's response[edit]
Margaret Thatcher began the next session of the conference at 9:30 am the following morning, as scheduled. She dropped from her speech most of her planned attacks on the Labour Party and said the bombing was "an attempt to cripple Her Majesty's democratically elected Government":
That is the scale of the outrage in which we have all shared, and the fact that we are gathered here now—shocked, but composed and determined—is a sign not only that this attack has failed, but that all attempts to destroy democracy by terrorism will fail.[12]
One of her biographers wrote that Thatcher's "coolness, in the immediate aftermath of the attack and in the hours after it, won universal admiration. Her defiance was another Churchillian moment in her premiership which seemed to encapsulate both her own steely character and the British public's stoical refusal to submit to terrorism".[13] Immediately afterwards, her popularity soared almost to the level it had been during the Falklands War.[14] The Saturday after the bombing, Thatcher said to her constituents: "We suffered a tragedy not one of us could have thought would happen in our country. And we picked ourselves up and sorted ourselves out as all good British people do, and I thought, let us stand together for we are British! They were trying to destroy the fundamental freedom that is the birth-right of every British citizen, freedom, justice and democracy."[15]
Approval in Britain[edit]
At the time of the bombing, the miners' strike was underway. Morrissey, frontman of the English alternative rock band the Smiths, joked shortly after: "the only sorrow of the Brighton bombing is that Thatcher escaped unscathed".[citation needed] David Bret wrote in the book Morrissey: Scandal & Passion that "The tabloids were full of such remarks; jokes about the tragedy were cracked on radio and television programmes. A working-men's club in South Yorkshire seriously considered a whip-round 'to pay for the bomber to have another go'."[16] In 1986, English punk band the Angelic Upstarts celebrated[citation needed] the IRA's assassination attempt with their single "Brighton Bomb". They released an album of the same name in 1987.[17]
Patrick Magee[edit]
Main article: Patrick Magee (Irish republican)
Once investigators had narrowed the seat of the blast to the bathroom of Room 629, police began to track down everyone who had stayed in the room. This eventually led them to 'Roy Walsh' (IRA member Patrick Magee).[2] On 24 June 1985 he was arrested in Glasgow with other members of an IRA active service unit while planning further bombings.
In September 1985, Magee (then aged 35) was found guilty of planting the bomb, detonating it, and of five counts of murder. Magee received eight life sentences: seven for offences relating to the Brighton bombing, and the eighth for another bomb plot. The judge recommended that he serve at least 35 years. Later Home Secretary Michael Howard lengthened this to "whole life". However, Magee was released from prison in 1999 under the terms of the Good Friday Agreement, having served 14 years (including the time before his sentencing).[7] A British Government spokesman said that his release "was hard to stomach" and an appeal by then Home Secretary Jack Straw to forestall it was turned down by the Northern Ireland High Court.
Four members of an IRA unit were also imprisoned for involvement in the plot.[8] Magee, while admitting being part of the IRA unit responsible, maintains that the fingerprint evidence on a registration card from the hotel was faked.[18]
In 2000, Magee spoke about the bombing in an interview with The Sunday Business Post. He told interviewer Tom McGurk that the British government's strategy at the time was to depict the IRA as mere criminals while containing the Troubles within Northern Ireland:
As long as the war was kept in that context, they could sustain the years of attrition. But in the early 1980s we succeeded in destroying both strategies. The hunger strike destroyed the notion of criminalisation and the Brighton bombing destroyed the notion of containment [...] After Brighton, anything was possible and the British for the first time began to look very differently at us; even the IRA itself, I believe, began to fully accept the priority of the campaign in England.[19]
Of those killed in the bombing, Magee said: "I deeply regret that anybody had to lose their lives, but at the time did the Tory ruling class expect to remain immune from what their frontline troops were doing to us?"[19]
Attitudes towards security[edit]
Daily Telegraph journalist David Hughes called the bombing "the most audacious attack on a British government since the Gunpowder Plot" and wrote that it "marked the end of an age of comparative innocence. From that day forward, all party conferences in this country have become heavily defended citadels".[9]
In popular culture[edit]
Jonathan Lee's 2015 novel High Dive is a fictionalized account of the bombing, written largely from the alternating perspectives of the hotel manager, his teenage daughter, and an IRA bombmaker who helps Magee. Rights to the book were purchased and it is in development as a potential feature film.[20] The third novel in Adrian McKinty's "Troubles Trilogy," In the Morning I'll be Gone, features his RUC detective hero Sean Duffy trying to prevent the Brighton bombing.
See also[edit]
1980s portal
Terrorism portal
1981 Irish hunger strike
Assassination of Spencer Perceval
Chronology of Provisional Irish Republican Army actions (1980–89)
Downing Street mortar attack
References[edit]
Jump up ^ The assassination attempt targeted the entire Cabinet at the Grand Hotel (as well as the Prime Minister).
^ Jump up to: a b c d Gareth Parry (10 June 1986). "Patrick Magee convicted of IRA terrorist attack". London: The Guardian. Retrieved 30 April 2007.
Jump up ^ Charles Moore, Margaret Thatcher: At Her Zenith (2016) 2: 309-16
Jump up ^ Kieran Hughes, Terror Attack Brighton - Blowing up the Iron Lady (2014).
Jump up ^ Parry, Gareth; Pallister, David. Timer clue to Brighton bombing, The Guardian; 10 May 1986
Jump up ^ Clarke, Liam. IRA mole warned police about Brighton bomb, Sunday Times 15 December 1996
^ Jump up to: a b Lucy Williamson. "'Witness' Episode: The Brighton Hotel Bombing". BBC. Retrieved 16 Oct 2013.
^ Jump up to: a b "1984: Tory Cabinet in Brighton bomb blast". BBC 'On This Day'.
^ Jump up to: a b c d e David Hughes (11 October 2009). "Brighton bombing: Daily Telegraph journalist recalls". London: The Telegraph. Retrieved 13 May 2011.
Jump up ^ “Nice to have you back where you belong..” - Blackpool Gazette, 15 April 2013
Jump up ^ Taylor, Peter (2001). Brits: The War Against the IRA. Bloomsbury Publishing. p. 265. ISBN 0-7475-5806-X.
Jump up ^ Margaret Thatcher, Speech to Conservative Party Conference, 12 October 1984
Jump up ^ John Campbell, Margaret Thatcher. The Iron Lady (Jonathan Cape, 2003), p. 432.
Jump up ^ Campbell, p. 432.
Jump up ^ Margaret Thatcher, Speech to Finchley Conservatives, 20 October 1984
Jump up ^ Bret, David. Morrissey: Scandal & Passion. Franz Steiner Verlag, 2004. p. 111
Jump up ^ Bucklet, Peter. The Rough Guide to Rock. Rough Guides, 2003. p. 31
Jump up ^ Wilson, Jamie (28 August 2000). "Brighton bomber thinks again". The Guardian. London. Retrieved 26 April 2010.
^ Jump up to: a b "Brighton Bomb was a turning point – Magee". An Phoblacht, 31 August 2000.
Jump up ^ Jennifer Senior, "Review: Jonathan Lee’s ‘High Dive’ Revisits a Plot to Kill Margaret Thatcher" New York Times March 13, 2016
Further reading[edit]
Charles Moore, Margaret Thatcher: At Her Zenith (2016) 2: 309-16.
Kieran Hughes, Terror Attack Brighton - Blowing up the Iron Lady (2014).
Sources[edit]
Text of the BBC television news report on the morning of the attack
BBC News photo journal of the attack
BBC News report on Straw's attempt to prevent the early release of Magee
Guardian story on the release of Magee in 1999
An Phoblacht: Interview with Pat Magee regarding the Brighton bombing
BBC report on Magee being convicted of the bombing
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Judicial review
From Wikipedia, the free encyclopedia
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Not to be confused with Law review.
This article is about court power over non-judicial branches. For court power over lower courts, see Appellate review.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries.
Contents
1 General principles
1.1 Administrative acts
1.2 Primary legislation
1.2.1 No review by any courts
1.2.2 Review by general courts
1.2.3 Review by a specialized court
2 In specific jurisdictions
3 See also
4 References
5 Further reading
6 External links
General principles[edit]
Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized with respect to the principles and doctrines of legislative supremacy and the separation of powers.
First, two distinct legal systems, civil law and common law, have different views about judicial review. Common-law judges are seen as sources of law, capable of creating new legal principles, and also capable of rejecting legal principles that are no longer valid. In the civil-law tradition, judges are seen as those who apply the law, with no power to create (or destroy) legal principles.
Secondly, the idea of separation of powers is another theory about how a democratic society's government should be organized. In contrast to legislative supremacy, the idea of separation of powers was first introduced by Montesquieu;[1] it was later institutionalized in the United States by the Supreme Court ruling in Marbury v. Madison under the court of John Marshall. Separation of powers is based on the idea that no branch of government should be able to exert power over any other branch without due process of law; each branch of government should have a check on the powers of the other branches of government, thus creating a regulative balance among all branches of government. The key to this idea is checks and balances. In the United States, judicial review is considered a key check on the powers of the other two branches of government by the judiciary.
Differences in organizing "democratic" societies led to different views regarding judicial review, with societies based on common law and those stressing a separation of powers being the most likely to utilize judicial review. Nevertheless, many countries whose legal systems are based on the idea of legislative supremacy have learned the possible dangers and limitations of entrusting power exclusively to the legislative branch of government. Many countries with civil-law systems have adopted a form of judicial review to stem the tyranny of the majority.
Another reason why judicial review should be understood in the context of both the development of two distinct legal systems (civil law and common law) and two theories of democracy (legislative supremacy and separation of powers) is that some countries with common-law systems do not have judicial review of primary legislation. Though a common-law system is present in the United Kingdom, the country still has a strong attachment to the idea of legislative supremacy; consequently, judges in the United Kingdom do not have the power to strike down primary legislation. However, since the United Kingdom became a member of the European Union there has been tension between its tendency toward legislative supremacy and the EU's legal system, which specifically gives the Court of Justice of the European Union the power of judicial review.
Administrative acts[edit]
Most modern legal systems allow the courts to review administrative acts (individual decisions of a public body, such as a decision to grant a subsidy or to withdraw a residence permit). In most systems, this also includes review of secondary legislation (legally enforceable rules of general applicability adopted by administrative bodies). Some countries (notably France and Germany) have implemented a system of administrative courts which are charged with resolving disputes between members of the public and the administration. In other countries (including the United States and United Kingdom), judicial review is carried out by regular civil courts although it may be delegated to specialized panels within these courts (such as the Administrative Court within the High Court of England and Wales). The United States employs a mixed system in which some administrative decisions are reviewed by the United States district courts (which are the general trial courts), some are reviewed directly by the United States courts of appeals and others are reviewed by specialized tribunals such as the United States Court of Appeals for Veterans Claims (which, despite its name, is not technically part of the federal judicial branch). It is quite common that before a request for judicial review of an administrative act is filed with a court, certain preliminary conditions (such as a complaint to the authority itself) must be fulfilled. In most countries, the courts apply special procedures in administrative cases.
Primary legislation[edit]
There are three broad approaches to judicial review of the constitutionality of primary legislation—that is, laws passed directly by an elected legislature.
No review by any courts[edit]
Some countries do not permit a review of the validity of primary legislation. In the United Kingdom, statutes cannot be set aside under the doctrine of parliamentary sovereignty. Another example is the Netherlands, where the constitution expressly forbids the courts to rule on the question of constitutionality of primary legislation.[2]
Review by general courts[edit]
In the United States, federal and state courts (at all levels, both appellate and trial) are able to review and declare the "constitutionality", or agreement with the Constitution (or lack thereof) of legislation by a process of judicial interpretation that is relevant to any case properly within their jurisdiction. In American legal language, "judicial review" refers primarily to the adjudication of constitutionality of statutes, especially by the Supreme Court of the United States. This is commonly held to have been established in the case of Marbury v. Madison, which was argued before the Supreme Court in 1803. A similar system was also adopted in Australia.[3]
Review by a specialized court[edit]
Further information: Constitutional Court of the Czech Republic
In 1920, Czechoslovakia adopted a system of judicial review by a specialized court, the Constitutional Court as written by Hans Kelsen, a leading jurist of the time. This system was later adopted by Austria and became known as the Austrian System, also under the primary authorship of Hans Kelsen, being emulated by a number of other countries. In these systems, other courts are not competent to question the constitutionality of primary legislation; they often may, however, initiate the process of review by the Constitutional Court.[4]
Russia adopts a mixed model since (as in the US) courts at all levels, both federal and state, are empowered to review primary legislation and declare its constitutionality; as in the Czech Republic, there is a constitutional court in charge of reviewing the constitutionality of primary legislation. The difference is that in the first case, the decision about the law′s adequacy to the Russian Constitution only binds the parties to the lawsuit; in the second, the Court's decision must be followed by judges and government officials at all levels.
In specific jurisdictions[edit]
Judicial review in Australia
Judicial review in Austria
Judicial review in Bangladesh
Judicial review in Canada
Judicial review in the Czech Republic
Judicial review in Denmark
Judicial review in English law – also similar in Wales
Judicial review in Germany
Judicial review in Hong Kong
Judicial review in India
Judicial review in Ireland
Judicial review in Malaysia
Judicial review in New Zealand
Judicial review in the Philippines
Judicial review in Scotland
Judicial review in South Africa
Judicial review in Sweden
Judicial review in Switzerland
Judicial review in Taiwan
Judicial review in the United States
See also[edit]
Judicial Appeal
Judicial activism
References[edit]
Jump up ^ Montesquieu, Baron Charles de, The Spirit of the Laws
Jump up ^ Article 120 of the Netherlands Constitution
Jump up ^ Australian Communist Party v Commonwealth (1951) 83 CLR 1 AustLII
Jump up ^ The strength of the combination Government - Parliament ... far from outperform the reasons of the Constitutional scrutiny, makes the judicial review more necessary than ever: Buonomo, Giampiero (2006). "Peculato d'uso: perché il condannato non può fare il Sindaco. Dalla Consulta "no" ai Dl senza necessità e urgenza". Diritto&Giustizia edizione online. – via Questia (subscription required)
Further reading[edit]
Edward S. Corwin, The Doctrine of Judicial Review: Its Legal and Historical Basis and Other Essays. Piscataway, NJ: Transaction Publishers, 2014.
External links[edit]
Judicial Review: A Legal Guide
Corrado, Michael Louis (2005). Comparative Constitutional Law: Cases and Materials. ISBN 0-89089-710-7. (Country by country case studies)
N. Jayapalan (1999). Modern Governments. Atlantic Publishers and Distributors. ISBN 978-81-7156-837-6. (A comparison of modern constitutions)
Beatty, David M (1994). Human rights and judicial review. Martinus Nijhoff Publishers. ISBN 978-0-7923-2968-8. (A comparison of national judicial review doctrines)
Wolfe, Christopher (1994). The American doctrine of judicial supremacy. Rowman & Littlefield. ISBN 978-0-8226-3026-5. (This book traces the doctrine's history in an international/comparative fashion)
Vanberg, Georg (2005). "Constitutional Review in Comparative Perspective". The politics of constitutional review in Germany. Cambridge University Press. ISBN 978-0-521-83647-0. (The effects of politics in law in Germany)
Galera, S. (ed.), Judicial Review. A Comparative Analysis inside the European Legal System, Council of Europe, 2010, ISBN 978-92-871-6723-1, [1]
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