Terror detentions and the rule of law : US and UK perspectives /
"After the 9/11 terrorist attacks, the United States and the United Kingdom detained suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the Rule of Law. The legality of the detentions was challenged and found wanting by the highest court...
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| Main Author: | |
|---|---|
| Format: | Book |
| Language: | English |
| Published: |
New York :
Oxford University Press,
[2014]
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| Series: | Terrorism and global justice series
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| Subjects: | |
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|---|---|---|---|
| 001 | 841228499 | ||
| 003 | OCoLC | ||
| 005 | 20140704000000.0 | ||
| 008 | 130426s2014 nyua b 001 0 eng | ||
| 010 | |a 2013017239 | ||
| 020 | |a 9780199301553 (hardback : alk. paper) | ||
| 020 | |a 0199301557 (hardback : alk. paper) | ||
| 035 | |a (SKY)255552947 | ||
| 040 | |a DLC |b eng |c DLC |e rda |d DLC |d SKYRV | ||
| 042 | |a pcc | ||
| 043 | |a e-uk--- |a n-us--- | ||
| 049 | |a VLA | ||
| 050 | 0 | 0 | |a K5437 |b .W34 2014 |
| 100 | 1 | |a Wagstaff, Robert H. |q (Robert Hall), |d 1941- | |
| 245 | 1 | 0 | |a Terror detentions and the rule of law : |b US and UK perspectives / |c Robert H. Wagstaff |
| 260 | |a New York : |b Oxford University Press, |c [2014] | ||
| 300 | |a xxiv, 368 p. : |b ill. ; |c 25 cm | ||
| 490 | 0 | |a Terrorism and global justice series | |
| 504 | |a Includes bibliographical references (pages 321-344) and index | ||
| 505 | 0 | |a The precipitating events -- A short history of panic responses -- Detention and the legal status & rights of aliens -- The role of the courts & the popular jurisprudence of counterterrorism -- The rule of law -- An applicable international rule of law -- Guantanamo & Belmarsh -- The war paradigm versus the criminal law in the United States and United Kingdom -- R v A : Marbury judicial review by interpretation in the United Kingdom -- Judicial deference | |
| 520 | |a "After the 9/11 terrorist attacks, the United States and the United Kingdom detained suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the Rule of Law. The legality of the detentions was challenged and found wanting by the highest courts in the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined them within a human rights criminal law context. In Terror Detentions and the Rule of Law: US and UK Perspectives, Robert Wagstaff documents President George W. Bush's and Prime Minister Tony Blair's responses to 9/11, alleging that they failed to protect the human rights of individuals suspected of terrorist activity. The analytical focus is on the four US Supreme Court decisions involving detentions in Guantanamo Bay and four House of Lords decisions involving detentions that began in the Belmarsh Prison. These decisions are analyzed within the contexts of history, criminal law, constitutional law, human rights and international law, and various jurisprudential perspectives. Time-tested criminal law is the normatively correct and most effective means for dealing with suspected terrorists. Preventive, indefinite detention of terrorist suspects upon suspicion of wrongdoing contravenes the domestic and international Rule of Law, treaties, and customary international law. As such, new legal paradigms for addressing terrorism are shown to be normatively invalid, illegal, unconstitutional, counter-productive, and in conflict with the Rule of Law"--Unedited summary from book jacket | ||
| 650 | 0 | |a Detention of persons |z United States | |
| 650 | 0 | |a Detention of persons |z Great Britain | |
| 650 | 0 | |a Terrorism |z United States | |
| 650 | 0 | |a Terrorism |z Great Britain | |
| 650 | 0 | |a Rule of law |z United States | |
| 650 | 0 | |a Rule of law |z Great Britain | |
| 907 | |a .b2230367 | ||
| 998 | |a lower | ||
| 999 | |c 107213 | ||
| 852 | |a Law Library |b Lower Level |h K5437 .W34 2014 |p 33940004291397 | ||