National Security In The Courts
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Judicial Review Of National Security
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Author : David Scharia
language : en
Publisher: Terrorism and Global Justice
Release Date : 2015
Judicial Review Of National Security written by David Scharia and has been published by Terrorism and Global Justice this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Here, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review.
The National Security Court System
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Author : Glenn M. Sulmasy
language : en
Publisher:
Release Date : 2023
The National Security Court System written by Glenn M. Sulmasy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Courts-martial and courts of inquiry categories.
The Age Of Deference
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Author : David Rudenstine
language : en
Publisher: Oxford University Press
Release Date : 2016
The Age Of Deference written by David Rudenstine and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
"Rudenstine's [book] traces the [Supreme] Court's role in the rise of judicial deference to executive power since the end of World War II. He [posits that], in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary"--
The National Security Court System
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Author : Glenn Sulmasy
language : en
Publisher: OUP USA
Release Date : 2009-08-06
The National Security Court System written by Glenn Sulmasy and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-06 with Law categories.
"Glenn Sulmasy proposes a 'third way' solution that avoids the extremes of an unaccountable military court system on the one hand and funneling war-on-terror detainees into the domestic criminal court system on the other. Instead, he advocates creating a separate standing judicial system, overseen by civilian judges, that allows for habeas corpus appeals and which focuses exclusively on existing war-on-terror cases as well as the inevitable cases to come"--Jacket.
National Security In The Courts
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Author : Derigan Almond Silver
language : en
Publisher: LFB Scholarly Publishing
Release Date : 2010
National Security In The Courts written by Derigan Almond Silver and has been published by LFB Scholarly Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Censorship categories.
Silver explores how judges identified the main legal issues in federal cases dealing with national security through the mode of legal analysis they used to reach or justify their conclusions. He explains how national security/transparency cases are as much about separation of powers issues as they are about balancing transparency with national security. In addition, although legal precedent remains important, judges have other, less traditional tools at their disposal. Finally, Silver concludes that the ability to selectively choose which legal issue to focus on and rely on some modes of legal analysis while ignoring others gives the judges the flexibility to mold la regarding national security information.
The United States And The International Criminal Court
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Author : Sarah B. Sewall
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2000-08-28
The United States And The International Criminal Court written by Sarah B. Sewall and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-08-28 with Law categories.
American reluctance to join the International Criminal Court illuminates important trends in international security and a central dilemma facing U.S. Foreign policy in the 21st century. The ICC will prosecute individuals who commit egregious international human rights violations such as genocide. The Court is a logical culmination of the global trends toward expanding human rights and creating international institutions. The U.S., which fostered these trends because they served American national interests, initially championed the creation of an ICC. The Court fundamentally represents the triumph of American values in the international arena. Yet the United States now opposes the ICC for fear of constraints upon America's ability to use force to protect its national interests. The principal national security and constitutional objections to the Court, which the volume explores in detail, inflate the potential risks inherent in joining the ICC. More fundamentally, they reflect a belief in American exceptionalism that is unsustainable in today's world. Court opponents also underestimate the growing salience of international norms and institutions in addressing emerging threats to U.S. national interests. The misguided assessments that buttress opposition to the ICC threaten to undermine American leadership and security in the 21st century more gravely than could any international institution.
Terror In The Balance
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Author : Eric A. Posner
language : en
Publisher: Oxford University Press on Demand
Release Date : 2007-01-04
Terror In The Balance written by Eric A. Posner and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-04 with Law categories.
In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.
Courts And Terrorism
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Author : Mary L. Volcansek
language : en
Publisher: Cambridge University Press
Release Date : 2010-11-22
Courts And Terrorism written by Mary L. Volcansek and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-22 with Law categories.
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.
Courts And Terrorism
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Author : Mary L. Volcansek
language : en
Publisher: Cambridge University Press
Release Date : 2010-11-22
Courts And Terrorism written by Mary L. Volcansek and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-22 with Law categories.
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 nacro-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.
National Security And International Criminal Justice
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Author : Herwig Roggemann
language : en
Publisher: BRILL
Release Date : 2021-10-25
National Security And International Criminal Justice written by Herwig Roggemann and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
One of the main problems of the International Ad hoc-tribunals in The Hague and Arusha, as well as of the permanent International Court, concerns the conflict between national security and secrecy interests of sovereign States arising in legal proceedings as a result of evidence interests and the court hearing the case. While an International Criminal Court cannot succeed without the necessary competence for gathering evidence, it can also not succeed if it fails to take account of legitimate national security interests. Written by well-known authors and commentators, the articles in the book deal with this controversy from the point of view of comparative law and legal politics. The topics covered focus on experiences and decisions from the practice of both ad hoc-tribunals, as well as political and legal discussions relating to the Statute and Rules of Procedure and Evidence of the permanent International Criminal Court.