Courts and Terrorism: Nine Nations Balance Rights and SecurityMary L. Volcansek, John F. Stack, Jr Cambridge University Press, 22. 11. 2010 Since ancient times, terror tactics have been used to achieve political ends and likely will continue into the foreseeable future. Preserving national security and the safety of civilian populations while maintaining democratic principles and respecting human rights requires a delicate balancing act. In democracies, monitoring that balance typically falls to the courts. Courts and Terrorism examines how judiciaries in nine separate nations have responded, not just to the current wave of Al Qaeda threats, but also to narco-trafficking, domestic terrorism and organized crime syndicates. Terrorism is not a new phenomenon, and even though the reactions have varied significantly, common themes emerge. This volume discusses eleven case studies and analyzes the experiences of these various nations in their battles with terrorism to reveal the judicial quandary for democratic governance and the rule of law in the twenty-first century. |
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| 9 | |
One More Casualty of the War on Terror | 33 |
State Secrets and Democratic Values | 50 |
What Lessons Can Be Drawn from a Sui Generis Case? | 72 |
From the | 89 |
Detention and Treatment of Suspected Terrorists under | 112 |
Australias Commonwealth Model and Terrorism | 134 |
Court and the War on Terror | 150 |
The Italian | 169 |
Law the Judiciary Civil | 199 |
Lessons Learned | 224 |
Statutes Cited | 240 |
| 257 | |
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Al Qaeda Amendment antiterrorist applied arrest Article Australian authority bill bombings Boumediene British Bush claims Colombia Congress Constitutional Court control orders Convention on Human counterterrorism Court of Appeals Court of Human crimes criminal decision declared democracy democratic derogation detainees detention Diplock courts documents due process ECHR emergency enacted enemy combatants European Convention European Court evidence executive branch federal courts fighting terror Geneva Conventions government’s Guantanamo habeas corpus Hamdan Home Department House of Lords Human Rights Act international law investigation involved Israeli issued judges judicial review judiciary jurisdiction Justice legislation Military Commissions national security Northern Ireland Parliament petition police political parties President Prevention of Terrorism prisoners procedures prosecutors protect provisions role rorist Secretary secrets secrets privilege security forces Sentence Sinn Fein state-of-siege statute suspects Terrorism Act terrorist terrorist activities threat tion torture treaty trial tribunals U.S. Supreme Court United Kingdom violation violence War on Terror