Parliamentary Affairs Advance Access originally published online on July 27, 2007
Parliamentary Affairs 2007 60(4):601-624; doi:10.1093/pa/gsm034
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ASBOs and Control Orders: Two Recurring Themes, Two Apparent Contradictions
Correspondence: * Stuart Macdonald is Lecturer in Law, Swansea University (E-mail: s.macdonald{at}swansea.ac.uk). The author would like to thank Andrew Halpin, the anonymous referees and the participants in the staff seminars at the School of Law, Swansea University and the School of Law, University of Birmingham, where earlier versions of this paper were presented, for their helpful comments.
When the Government first proposed the creation of the Control Order, many commented on its apparent similarity with the Anti-Social Behaviour Order. Looking beyond the obvious similarities, the aim of this paper is to draw out two deeper themes which marked the development of both remedies. For each theme an apparent contradiction will also be identified. The paper concludes by arguing that these two recurring themes and two apparent contradictions cast doubt upon New Labour's professed commitment to nurturing a culture of human rights.