Critical debates on counter-terrorism judicial review / edited by Fergal F. Davis and Fiona de Londras.
2014
343.851 [9407]
Available at United Nations Library - Vienna
Items
Details
Title
Critical debates on counter-terrorism judicial review / edited by Fergal F. Davis and Fiona de Londras.
Description
ix, 376 pages ; 24 cm
ISBN
1107053617 (hardback)
9781107053618 (hardback)
9781107053618 (hardback)
Summary
"Is judicial review an effective and appropriate way to regulate counter-terrorism measures? Some argue that the judiciary is ill-equipped to examine such measures, for instance because they lack the expertise of the institutions which bring them about under exigent conditions. Others claim that subjecting counter-terrorism measures to judicial review is crucial for maintaining a jurisdiction's principles of constitutionalism. This volume brings together voices from all sides of the debate from a broad range of jurisdictions, from North America, Europe and Australasia. It does not attempt to 'resolve' the argument but rather to explore it in all its dimensions. The debates are essentially concerned with fundamental questions of organising and making accountable the exercise of power in a particularly challenging environment. The book is necessary reading for all those concerned with counter-terrorism, but also with broader public law, constitutional law and administrative law principles"-- Provided by publisher.
Note
"This collection emerged from a workshop held in Durham Human Rights Centre in June 2013, which was supported by a small grant from the British Academy and Leverhulme and by the Laureate Fellowship: Anti-Terror Laws and the Democratic Challenge Project in the Gilbert + Tobin Centre of Public Law, UNSW. There was a follow up symposium hosted by the NSW Bar Association in Sydney in November 2013" --Verso of title page.
Formatted Contents Note
Introduction : Counter-terrorist judicial review : beyond dichotomies / Fergal F. Davis and Fiona de Londras
Part I. Counter-terrorist judicial review as regulatory constitutionalism / Fiona de Londras
Counter-terrorism judicial review by a traditionally weak judiciary / Jens Elo Rytter
When good cases go bad : unintended consequences of rights-friendly judgments / David Jenkins
The rhetoric and reality of judicial review of counter-terrorism actions : the United States experience / Jules Lobel
Part II. Beyond counter-terrorism judicial review
Emergency law as administrative law / Mark Tushnet
The politics of counter-terrorism judicial review : creating effective parliamentary scrutiny / Fergal F. Davis
Independent reviewers as alternative : an empirical study from Australia and the UK / Jessie Blackbourn.
Public inquiries as an attempt to fill accountability gaps left by judicial and legislative review / Kent Roach
Part III. Counter-terrorism judicial review in the political constitution
Rebalancing the unbalanced constitution : juridification and national security in the United Kingdom / Roger Masterman
Business as usual : deference in counter-terrorist judicial review / Cora Chan
Deference and dialogue in the real-world counter-terrorism context / Gavin Phillipson
Part IV. Internationalised counter-terrorism judicial review
Counter-terrorism law and judicial review : the challenge for the Court of Justice of the European Union / Cian C. Murphy
Post 9/11 UK counter-terrorism cases in the European Court of Human Rights : a 'dialogic' approach to rights protection or appeasement of national authorities? / Helen Fenwick
Accountability for counter-terrorism : challenges and potential in the role of the courts / Helen Duffy.
Part I. Counter-terrorist judicial review as regulatory constitutionalism / Fiona de Londras
Counter-terrorism judicial review by a traditionally weak judiciary / Jens Elo Rytter
When good cases go bad : unintended consequences of rights-friendly judgments / David Jenkins
The rhetoric and reality of judicial review of counter-terrorism actions : the United States experience / Jules Lobel
Part II. Beyond counter-terrorism judicial review
Emergency law as administrative law / Mark Tushnet
The politics of counter-terrorism judicial review : creating effective parliamentary scrutiny / Fergal F. Davis
Independent reviewers as alternative : an empirical study from Australia and the UK / Jessie Blackbourn.
Public inquiries as an attempt to fill accountability gaps left by judicial and legislative review / Kent Roach
Part III. Counter-terrorism judicial review in the political constitution
Rebalancing the unbalanced constitution : juridification and national security in the United Kingdom / Roger Masterman
Business as usual : deference in counter-terrorist judicial review / Cora Chan
Deference and dialogue in the real-world counter-terrorism context / Gavin Phillipson
Part IV. Internationalised counter-terrorism judicial review
Counter-terrorism law and judicial review : the challenge for the Court of Justice of the European Union / Cian C. Murphy
Post 9/11 UK counter-terrorism cases in the European Court of Human Rights : a 'dialogic' approach to rights protection or appeasement of national authorities? / Helen Fenwick
Accountability for counter-terrorism : challenges and potential in the role of the courts / Helen Duffy.
Call Number
343.851 [9407]
Location
General 343.851 C75 [9407]
Linked Resources
Cover image
Record Appears in
UNOV Library > UNLV General Collection
Published
Cambridge, United Kingdom : Cambridge University Press, 2014.
Language
English