The Cold War, Civil Liberties, and the House of Lords

Abstract

Following on an overview of civil liberties during the Cold War, this chapter argues that courts are part of the political constitution and cannot be seen as an obstruction to government, that this is most clearly the case in times of national security, where there is complete deference to the executive, and that neither the Law Officers nor Parliament provide effective safeguards. In the Westminster system of government, everything depends on the self-restraint of governments and where this is lacking the only remedy is elections.