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Law's Trials
Richard L. Abel
其他書名
The Performance of Legal Institutions in the US 'War on Terror'
出版
Cambridge University Press
, 2018-08-09
主題
History / Military / General
Law / General
Law / Administrative Law & Regulatory Practice
Law / Constitutional
Political Science / General
Political Science / Civil Rights
Political Science / Public Policy / General
Political Science / Terrorism
Social Science / Criminology
Technology & Engineering / Military Science
ISBN
1108429750
9781108429757
URL
http://books.google.com.hk/books?id=QrViDwAAQBAJ&hl=&source=gbs_api
EBook
SAMPLE
註釋
"The 'war on terror', which the US launched after the 9/11 attacks, profoundly challenged the rule of law during the 16 years of the Bush and Obama administrations. In the companion volume [titled Law's wars, the author defined] the rule of law, explained its importance, and charted its fate across five contested terrains : Abu Ghraib, Guantánamo Bay, interrogation and torture, electronic surveillance, and battlefield law of war crimes. [The author] focused on the roles of two state institutions (executive and legislature) and civil society (media, lawyers, and NGOs) in defending the rule of law. Because the judiciary claims to be independent and apolitical, it is seen as the ultimate bulwark of the rule of law. The present volume, therefore, deals exclusively with judicial proceedings. Chapter one draws on history, primarily US and especially in moments of crisis, to derive research questions about when and how courts successfully defend the rule of law. The book then discusses six legal processes: criminal prosecutions of accused terrorists; courts martial of military service members for law of war violations; military commissions for Guantánamo prisoners, especially the so-called high value detainees; habeas corpus petitions by Guantánamo detainees (and a few others); civil damage actions by (and compensation schemes for) victims of both the 'war on terror' and terrorism; and civil liberties violations and responses to Islamophobia. The concluding chapter compares the fate of the rule of law across these six domains, as well as with the contested terrains examined in Law's wars. Although the two volumes address some of the same issues, they contain almost no overlap and can be read separately."--