Critical debates on counter-terrorism judicial review
Machine generated contents note: Counter-terrorist judicial review: beyond dichotomies Fergal F. Davis and Fiona de Londras; Part I. Judging Counter-Terrorist Judicial Review: 1. Counter-terrorist judicial review as regulatory constitutionalism Fiona de Londras; 2. Counter-terrorism judicial review...
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| Weitere Verfasser: | , |
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| Format: | UnknownFormat |
| Sprache: | eng |
| Veröffentlicht: |
Cambridge
Cambridge University Press
2014
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| Ausgabe: | First published |
| Schlagworte: | |
| Online Zugang: | Inhaltsverzeichnis Cover |
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| Zusammenfassung: | Machine generated contents note: Counter-terrorist judicial review: beyond dichotomies Fergal F. Davis and Fiona de Londras; Part I. Judging Counter-Terrorist Judicial Review: 1. Counter-terrorist judicial review as regulatory constitutionalism Fiona de Londras; 2. Counter-terrorism judicial review by a traditionally weak judiciary Jens Elo Rytter; 3. When good cases go bad: unintended consequences of rights-friendly judgments David Jenkins; 4. The rhetoric and reality of judicial review of counter-terrorism actions: the United States experience Jules Lobel; Part II. Beyond Counter-Terrorist Judicial Review: 5. Emergency law as administrative law Mark Tushnet; 6. The politics of counter-terrorism judicial review: creating effective parliamentary scrutiny Fergal F. Davis; 7. Independent reviewers as alternative: an empirical study from Australia and the UK Jessie Blackbourn; 8. Public inquiries as an attempt to fill accountability gaps left by judicial and legislative review Kent Roach; Part III. Counter-Terrorist Judicial Review in the Political Constitution: 9. Rebalancing the unbalanced constitution: juridification and national security in the United Kingdom Roger Masterman "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"-- "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"-- |
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| Beschreibung: | Hier auch später erschienene, unveränderte Nachdrucke |
| Beschreibung: | ix, 376 Seiten |
| ISBN: | 9781107662964 978-1-107-66296-4 9781107053618 978-1-107-05361-8 |